148 Minn. 366 | Minn. | 1921
The court denied the defendant’s application to vacate a stipulation of settlement. Judgment was entered for the plaintiffs pursuant to a stipulation, to that effect in the event of the denial of the application to vacate the stipulation of settlement. ¡No findings were made. The defendant appeals from the judgment.
The parties stipulated that there be submitted to the trial court this question: “Should said stipulation so made * * * be set aside by the court for any reason ?” They agreed that the plaintiffs had complied with the stipulation and that it “was entered into between the parties hereto without any fraud or misrepresentation on the part of any of the parties to this action.” And it was stipulated that if the stipulation should not be set aside judgment should be ordered for the plaintiffs in accordance with such stipulation.
The ground upon which it was sought to set aside the settlement was, substantially, that the defendant was mentally incompetent. That he was peculiar is conceded. He was represented by competent and faithful counsel. The stipulation was the result of considerable negotiation in which the interests of the defendant were well cared for. It was- contemplated that affidavits would-be used on the hearing and the application was submitted without oral testimony. The affidavits are quite at variance in their conclusions. They justify the result reached by the trial court. Its refusal to vacate the stipulation is sustained.
Findings were not necessary. In the application to set aside the stipulation of settlement, the court was hearing a motion, not trying an action. The denial of the application was in effect a general finding against the defendant and a more specific finding was not required. That specific findings in certain situations may be proper to present the case for effective review, need not be questioned. The application to vacate the
We do not inquire whether the plaintiffs or the defendant could have been compelled to submit their rights acquired under the stipulation to a determination upon affidavits. No complaint is made of the procedure used.
Judgment affirmed.