Keller v. Wolf

Loking, Chief Justice.

This case comes to the writer on reassignment.

This is an appeal from an order denying plaintiff’s motion to set aside a release and a stipulation for settlement in a personal injury action and to reinstate such cause for trial. After the motion was made but before it was heard, judgment was entered, and the motion was apparently orally expanded to include a vacation of judgment. See, Fort Dodge Lbr. Co. v. Rogosch, 175 Iowa 175, 157 N. W. 189.

Plaintiff, 23 years of age, was injured on the night of May 22, 1951, while walking on a public street in Long Prairie, Minnesota,…