H. Earl Clack Co. v. Oltesvig

HONORABLE RALPH L. ARNOLD, District Judge,

sitting in place of MR. CHIEF JUSTICE SANDS, disqualified, delivered the opinion of the court.

The plaintiff recovered a judgment against the defendants in a foreclosure action on lands located in Hill county. The defendants set up an affirmative defense that the note and mortgage upon which the action was based arose out of a wagering transaction involving dealings in the grain market at Minneapolis.

The respondent filed a motion in this court to strike the bill of exceptions from the transcript on appeal for the reason that the trial court did not…