129 Minn. 414 | Minn. | 1915
Plaintiff, in her capacity as administratrix of the estate of her deceased husband, brought two separate actions in the district court
The notice of motion does not state the ground upon which relief from the stipulation and judgment was sought, though the affidavits presented in support of the motion state that the actions were brought by her attorney wholly without authority; that she did not know that they had been commenced; that the settlement of the controversy was made without authority, and without her knowledge or consent; and that she first learned of the commencement of the actions when the attorney sent her the cashier’s check for $500. The attorney who
The affidavits, coupled with the record in the case, presented to the trial court questions of fact which, by the order denying the motion, were determined against plaintiff. The affidavits were conflicting, and the finding of the trial court that plaintiff not only authorized the commencement of the actions but also authorized and consented to the settlement, cannot be disturbed by this court. The rule by which this court is guided in such cases is well settled. 1 Dunnell, Minn. Dig. § 410. The trial court found the facts against plaintiff, the findings are not clearly against the evidence, as embodied in the affidavits, and we have no alternative but to affirm the order.
The same conclusion follows if the motion be treated as one calling for the exercise of the court’s discretion. In view of the facts, as presented and found by the court, we discover no sufficient reason for characterizing the order as an abuse of discretion.
Order affirmed.