Matchan v. Phoenix Land Investment Co.
Cited by
- KOTTKES'BUS COMPANY v. Hippie 176 N.W.2d 752 Minn. 1970
- LaFond v. Sczepanski 141 N.W.2d 485 Minn. 1966
- Breslaw v. Breslaw 39 N.W.2d 499 Minn. 1949
- Johnson v. Union Savings Bank & Trust Co. 266 N.W. 169 Minn. 1936
- Mortgage Land Investment Co. v. McMains 215 N.W. 192 Minn. 1927
Authorities cited
Identified automatically; this list may not be exhaustive.
- Gasser v. Spalding 164 Minn. 443
Opinion text
PER CURIAM. These proceedings, two in number, involve but one controversy and will be disposed of by this one order. The appeal is by R. R. Betcher and First National Holding Company, a corporation, from an order denying their motion to vacate a judgment. It appears that both appellants were parties to the case as tried and decided below. The points they now urge in their attack upon the judgment could have been made by an appeal therefrom. Therefore, they cannot be reviewed by a motion to vacate the judgment. Gasser v. Spalding, 164 Minn. 443 , 205 N. W. 374 . In consequence the order denying the motion is not appealable, and the trial court was right in refusing to settle the case or approve an appeal bond. The application for a writ of mandamus directing the district court of Hennepin county to settle a ease and approve a bond on appeal is denied and the appeal itself is dismissed.