39 Minn. 355 | Minn. | 1888
In this case, which was an action in ejectment, plaintiff had a verdict, and judgment was entered upon it. The defendant, within the time prescribed by the statute, paid the costs, and demanded a second trial. About a month afterwards the attorneys for the respective parties signed a stipulation, agreeing “that the demand for a retrial of said action be and the same is hereby dismissed, without costs to either party.” Defendant afterwards moved to set aside this stipulation, which motion was denied, and the defendant appeals.
Order affirmed.