Krippner v. Matz

If a finding that the dismissal was fraudulent as to intervener was necessary in order to sustain the judgment, we may, under our decision in Penn Anthracite Min. Co. v. Clarkson Sec. Co. 205 Minn. 517, 287 N. W. 15, affirm on that ground without such a finding below since the uncontradicted evidence compels such a finding. In the cited case we put our decision on the grounds of fraud, although fraud was not found below, upon the theory that we had the power to determine that fact if necessary to affirm. So we may do likewise in the instant case.

The whole transaction Avas permeated with…