46 Minn. 352 | Minn. | 1891
The act relating to the municipal court of the city of St. Paul (Sp. Laws 1889, c. 351) provides (section 21, subd. 7) that “defaults may be opened, and judgments and orders may beset aside or modified, for good cause shown, within sixty days after the party affected thereby shall have notice or knowledge of the same.” The municipal court having within the 60 days set aside the judgment in favor of plaintiff, rendered by default of defendant to answer, the question made here is, does this provision require that, the party applying for the relief shall show himself entitled to it as a matter of right, or is the application addressed to the sound discretion of the court? The act (section 1) makes the court a court of record, and declares (section 3) that it shall possess all the powers usually possessed by courts of record at common law, subject to.
Order affirmed.