Bergum v. Palmborg

Defendant moves to dismiss this appeal on the ground that no proper service of the notice thereof was ever made by plaintiff.

Plaintiff instituted the action in the district court of Hennepin county. The jury there returned a verdict in his favor. Subsequently, on motion of defendant, the trial court ordered judgment for defendant notwithstanding the verdict. This judgment was entered November 22, 1952. On December 10, 1952, defendant died. On January 10, 1953, plaintiff caused notice of appeal to be served upon Mr. Gilbert Carlson who, with Mr. Marshall Snyder, had represented defendant in…