279 N.W. 715 | Minn. | 1938
1. Respondents urge that the record does not bring up for review the motions and orders resulting in the judgment below upon the ground that there is no settled case or bill of exceptions. Where, as here, the judgment under attack must stand or fall upon the files and records in the case, the original files and records are sufficient to pass upon the questions presented without a settled case or bill of exceptions. Muellenberg v. Joblinski,
2. Appellant was in default below in two respects,viz.: (1) Failure to serve the appeal bond on respondents and (2) failure to file and serve, pursuant to 3 Mason Minn. St. 1936 Supp. § 8992-169, within 20 days after the perfection of the appeal, a concise statement of the propositions of law and fact upon which he relied for reversal of the order of the probate court from which he appealed. We treat the motion to vacate the order dismissing the appeal from the probate court and to reinstate it as an application by appellant to be relieved of his defaults upon the ground of excusable mistake. In In re Estate of Van Sloun,
The statement of propositions of law and fact required by 3 Mason Minn. St. 1936 Supp. § 8992-169, is in the nature of a pleading, with respect to which the court in its discretion may relieve a party of his default by permitting him to serve and file the same after the time limited has expired. In re Estate of Slingerland,
Reversed.