203 N.W. 984 | Minn. | 1925
As an excuse for his failure to answer, defendant states that an action for labor and services had been brought against him by Peter Larson in January, 1924; that, when the papers in the present action were served, he saw that they were signed by the same attorney who had brought the previous action and, assuming that they related to the same matter, did not examine them; that about 30 days later he examined them and found that they were in an action brought by the Pittsburgh Plate Glass Company; and that he then took them to his attorney and learned from him that judgment had already been entered. He learned in March that judgment had been entered but took no action until May and after a transcript had been filed in the district court and an execution issued thereon. The denial of the motion was clearly within the discretion of the trial court.
Order affirmed. *514