Legal Opinion

Slatoski v. Jendro

Supreme Court of Minnesota

Decided October 27, 1916No. Nos. 19,984—(79)PublishedCited by 7 opinions

Action in tlie municipal court of St. Paul to recover $350 for assault and battery. The ease was tried before Boerner, J., who in the absence of defendant and his attorney made findings and ordered judgment for $107.95 in favor of plaintiff. Defendant’s motion to vacate the findings and for leave to file the answer which had been served on plaintiff and to-defend the action was denied. Defendant’s motion for permission to re-argue his motion was denied.

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Action in tlie municipal court of St. Paul to recover $350 for assault and battery. The ease was tried before Boerner, J., who in the absence of defendant and his attorney made findings and ordered judgment for $107.95 in favor of plaintiff. Defendant’s motion to vacate the findings and for leave to file the answer which had been served on plaintiff and to-defend the action was denied. Defendant’s motion for permission to re-argue his motion was denied. From the order denying the latter motion, defendant appealed.

1Opinion of the CourtHallam, J.

Plaintiff sued defendants for damages for assault and battery. The answer was a general denial. Plaintiff noticed the case for trial at a term of court commencing April 20, 1915. The case was set for trial on June 11. Bepeated continuances were had at the request of defendants, and at some inconvenience to plaintiff, until finally, on June 15, the case was set for trial for October 13. Defendants had two attorneys. One of them unquestionably had full knowledge of the date set for the trial. He was in frequent communication with defendants. On October 13, neither the defendants nor either of…

2Cases cited1 opinion

  1. Randall v. RandallSupreme Court of Minnesota · 1916

3Cited by7 opinions

  1. Finden v. KlaasSupreme Court of Minnesota · 1964
  2. Kosloski v. JonesSupreme Court of Minnesota · 1973
  3. J. I. Case Threshing Machine Co. v. BielejeskiSupreme Court of Minnesota · 1920
  4. Zell v. Friend-Crosby & Co.Supreme Court of Minnesota · 1924
  5. Bearman Fruit Co. v. ParkerSupreme Court of Minnesota · 1942

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