Schumann v. Mark
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Hen-nepin county, refusing a new trial. The action was brought by plaintiffs, as grantees of one Bendeke, to cancel a contract for conveyance made between their grantor and defendant, and was tried by Young, J., without a jury.
1Opinion of the CourtGtleillan, C. J.
If the defendant deemed himself aggrieved by the action of the court below in striking from his proposed case matter relative to his proposed amended answer, his remedy was not a motion for a new trial, but that indicated in State v. Macdonald, 30 Minn. 98, (14 N. W. Rep. 459,) to wit, to move for a resettlement of the case, and, in case of refusal, to apply for a mandamus. As the case comes to us, there is nothing in it showing what amendment to the answer was proposed, so we have nothing on which to review the refusal to allow it.
As to the finding of fact that there had been no waiver of…
2Cases cited1 opinion
- State ex rel. Schmitt v. MacdonaldSupreme Court of Minnesota · 1882
3Cited by3 opinions
- Konkel v. FortSupreme Court of Minnesota · 1955
- State v. AtanosoffSupreme Court of Minnesota · 1917
- School District 56 Consolidated v. SchmidtSupreme Court of Minnesota · 1920