Schaefer v. Thoeny

Julius J. Olson, Justice.

In this suit for specific performance of a stipulation, defendant Hutchinson Community Hospital alone appeals from the judgment entered in conformity with findings of the court. Henry Thoeny, administrator de tonis non with the will annexed of the estate of Katie Reko, deceased, while a party defendant, raised no issue as to either law or fact and is not a party to the appeal. We shall hereafter refer to appellant as the hospital.

There is no settled case or bill of exceptions. To pass upon and determine the problems involved on appeal we are necessarily limited in our…