United States Roofing & Paint Co. v. Melin
Cited by
- Bennett v. Johnson 42 N.W.2d 44 Minn. 1950
- Simons v. Cowan 14 N.W.2d 356 Minn. 1944
- Nelson v. Auman 13 N.W.2d 38 Minn. 1944
- Johnson v. Kruse 285 N.W. 715 Minn. 1939
- Gilmore v. City of Mankato 269 N.W. 113 Minn. 1936
- Board of Park Commissioners v. Bremner 190 Minn. 634 Minn. 1934
- Board of Park Commissioners v. Bremner 252 N.W. 451 Minn. 1934
- Thompson v. Chicago & North Western Railway Co. 226 N.W. 700 Minn. 1929
- Davis v. Royce 219 N.W. 928 Minn. 1928
- Bruce v. Cohn 215 N.W. 520 Minn. 1927
Authorities cited
Identified automatically; this list may not be exhaustive.
- Security State Bank v. Brecht 150 Minn. 502
Opinion text
Wilson, C. J. An order denying a motion to vacate an order striking out an answer as sham is appealable, but the motion to vacate must be made returnable before the expiration of the time to appeal from the original order. If the original order was nonappealable then the order denying a motion to vacate is nonappealable. Security State Bank v. Brecht, 150 Minn. 502 , 185 N. W. 1021 . But here the original order was appealable. The motion asking that the prior order striking out the answer be vacated and allowing defendant to file an amended answer was addressed to the discretion of the trial court and, in absence of a clear abuse of discretion, its decision in such case will not be disturbed by this court. In this case there was no abuse of discretion. Order affirmed.