Verner A. Nelson v. Allan Auman

This matter is before the court a second time. For a more detailed statement of facts see our prior decision. Nelson v. Auman,216 Minn. 407, 408, 13 N.W.2d 38, 39. Subsequent to that decision, wherein this court sustained the order of the trial court striking plaintiffs answer to interveners complaint as sham, frivolous, and false, intervenor served a notice of motion for judgment for the relief demanded in its complaint. Pursuant to this notice of motion, plaintiff (appellant herein) appeared in court and requested that he be given an opportunity to offer testimony. The court denied plaintiffs request on the ground that interveners motion for judgment was before the court as a default matter; and that therefore plaintiff could not participate in the proceedings. Interveners motion was granted, and on August 18, 1944, the court made its findings of fact, conclusions of law, and order for judgment. The judgment was entered on January 19, 1945. By motion dated March 19, 1945, plaintiff moved for a modification of said judgment, and this motion was denied on April 13, 1945. Notice of entry of this order was served on plaintiff on April 16, 1945. By notice of appeal dated June 14, 1945, plaintiff appealed from the aforesaid judgment and also from the order denying his motion to modify the judgment.