284 N.W. 874 | Minn. | 1939
The party preparing a case is required to serve the same on the adverse party "within forty days after verdict, or, if the trial be by the court or a referee, after notice of the filing of the decision or report." Ten days are allowed within which to propose amendments. Then the party proposing the case should present it to the *42
judge who tried the case for settlement and allowance upon five days' notice. 2 Mason Minn. St. 1927, § 9329. The decision referred to is that of the court deciding the case, the findings of fact, and conclusions of law. Subsequent orders may determine matters in connection with the case, but none of them is a decision within the meaning of the statute. The statute is mandatory in its requirement that notice of the filing of the decision must be given to start the time for settling the case running against the adverse party. Knowledge of the filing of the decision acquired in other ways is no substitute for the written notice of the filing of the decision for the reason that proof of such knowledge would make it uncertain in the particular case as to when the time began to run. State ex rel. Driscoll v. Enersen,
Writ discharged.
MR. JUSTICE HILTON, incapacitated by illness, took no part. *43