Wilcox v. Hedwall

Plaintiffs appealed from an order vacating a judgment entered in their favor. The case has been here before. 185 Minn. 8, 239 N. W. 763. It was tried by the court, and there were findings for plaintiff's. The court made an order granting a new trial on the theory that defendant was entitled to a jury trial. This was reversed on the appeal to this court “without prejudice to defendant’s right to apply for a rehearing of his motion for a new trial in so far as it was based upon assignments of error other than those having to do with the denial of defendant’s application for a trial by jury.”

The…