Integrity Mutual Casualty Co. v. Nelson
Supreme Court of Minnesota
Proceeding tinder the Workmen’s Compensation Act. The history of the case will be found at the 'beginning of the opinion.
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Proceeding tinder the Workmen’s Compensation Act. The history of the case will be found at the 'beginning of the opinion. Upon the relation of defendant, the supreme court granted its 'Writ of certiorari directed to the district court for Wabasha county and the Honorable Charles E. Callaghan, one of the judges thereof, to review the order denying relator’s motion to vacate and open the settlement made by the parties thereto and vacating and opening the judgment confirming that settlement.
1ConcurrenceHallam, J.
I concur in the result, but I do not agree that the compensation act has talien from the court its inherent power to relieve against its own judgments taken through mistake, surprise or excusable neglect. This power was not granted, but only limited by G. S. 1913, § 7786. Gerish v. Johnson, 5 Minn. 10 (23); Russell v. Blakeman, 40 Minn. 463, 42 N. W. 391; Waller v. Waller, 102 Minn. 405, 113 N. W. 1013.
I "find nothing in the compensation -act which, in my judgment, deprives the court of this salutary inherent power. In fact section 8216 provides in terms that judgments entered on settlement…
2Cases cited4 opinions
- State ex rel. Globe Indemnity Co. v. District CourtSupreme Court of Minnesota · 1917
- State ex rel. Kelly v. Probate Court ofSupreme Court of Minnesota · 1901
- Russell v. BlakemanSupreme Court of Minnesota · 1889
- Waller v. WallerSupreme Court of Minnesota · 1907