Geddes v. Broman

Supreme Court of Minnesota

Geddes v. Broman

294 N.W. 845, 208 Minn. 609, 1940 Minn. LEXIS 608

Supreme Court of Minnesota·Decided November 26, 1940·No. No. 32,587.·Published·Cited by 2 cases

Opinion

Per Curiam.

The order denying a new trial was filed March 8, 1940. On March 12, 1940, a copy of the order was duly, served by mail upon defendants’ attorney. Upon stipulation the court, on April 6, 1940, ordered all proceedings stayed in the case until May 17, 1940. Notice of appeal to this court was taken May 11, 1940. Judgment was entered for plaintiff May 25, 1940.

Plaintiff moved to dismiss the appeal on the ground that this court has not jurisdiction, the appeal from the order being taken more than 30 days after service of the notice upon appellant’s attorney of the filing of the order of March 8, 1940, denying a new trial.

On the authority of Johnson v. Union Savings B. & T. Co. 193 Minn. 357, 258 N. W. 504, the appeal is dismissed.

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Per Curiam.

The order denying a new trial was filed March 8, 1940. On March 12, 1940, a copy of the order was duly, served by mail upon defendants’ attorney. Upon stipulation the court, on April 6, 1940, ordered all proceedings stayed in the case until May 17, 1940. Notice of appeal to this court was taken May 11, 1940. Judgment was entered for plaintiff May 25, 1940.

Plaintiff moved to dismiss the appeal on the ground that this court has not jurisdiction, the appeal from the order being taken more than 30 days after service of the notice upon appellant’s attorney of the filing of the order of March 8, 1940, denying a new trial.

On the authority of Johnson v. Union Savings B. & T. Co. 193 Minn. 357, 258 N. W. 504, the appeal is dismissed.

Geddes v. Broman, 294 N.W. 845, 208 Minn. 609, 1940 Minn. LEXIS 608 (Mich. 1940).

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Opinion

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