Mortenson v. Bergthold

Hastings, C.

There are thirteen assignments of error in this case, but in reality the errors complained of are three: First, error of the trial court in instructing a verdict for plaintiff below, defendant here; second, error of the trial court in rejecting as evidence Exhibit 10 of defendants at the trial, the record of a so-called final settlement of the defendant administrator, Schmela, in 1887; and, third, error in overruling defendant’s objection to any evidence in the court below, because the petition showed an action barred by the statute of limitations. Unless the record discloses…