Unowsky v. Show
Cited by
- Coller v. Guardian Angels Roman Catholic Church of Chaska 294 N.W.2d 712 Minn. 1980
- Vrooman Floor Covering Inc. v. Dorsey 126 N.W.2d 377 Minn. 1964
- Kennedy v. Torodor 276 N.W. 650 Minn. 1937
- Cowing v. Cowing 201 N.W. 936 Minn. 1925
Authorities cited
Identified automatically; this list may not be exhaustive.
- Rodgers v. United States & Dominion Life Insurance 127 Minn. 435
- Grady v. Maurice L. Rothschild & Co. 145 Minn. 74
Opinion text
Dibell, J. Judgment was entered against the defendants by default. On their motion it was vacated with leave to answer. The plaintiff appeals. *490 Upon the service of the summons the defendants engaged counsel. He prepared answers. Through inadvertence they were placed in his office files and were not served. Promptly upon notice of the entry of judgment this motion was made. There was no substantial prejudice to the plaintiff. The trial court exercised its discretion wisely, if it was properly invoked, in vacating the judgment and permitting a defense. Rodgers v. U. S. & D. Ins. Co. 127 Minn. 435 , 149 N. W. 671 , and cases cited. But it is said that there was no affidavit of merits. The statute requires none. G. S. 1923, § 9283; G. S. 1913, § 7786. The court rule making such requirement may be waived if merits appear from the record as they do here. Grady v. Maurice L. Rothschild & Co. 145 Minn. 74 , 176 N. W. 153 ; Dunnell, Minn. Dig. § 5020. Order affirmed.