State Ex Rel. Spurck v. Pennebaker

Julius J. Olson, Justice.

This case in its substantial aspects might well be deemed a companion case to that of State ex rel. Sime v. Pennebaker, 215 Minn. 75, 9 N. W. (2d) 257. As in that case, we shall refer to relator in the court below as plaintiff and to respondent as defendant. The appeal to this court is from an order denying defendant’s motion for amended findings or a new trial.

Unlike the Sime case, there was here a trial upon issues duly framed, and the record contains the testimony offered and received at the trial, including as well the findings of fact and conclusions of law made…