275 N.W. 622 | Minn. | 1937
Plaintiff got his verdict June 3, 1937. On the minutes of the court, defendant made its first motion for judgment notwithstanding or a new trial. That motion was denied July 1 and notice of the order served on counsel for defendant July 6. In consequence, the time for appeal expired August 5.
In the meantime, a case having been settled, defendant again moved for judgment notwithstanding or a new trial July 28. The motion was heard August 6. At the hearing plaintiff objected, *226 without success, to any consideration of the motion because of the denial of the earlier one for the same relief. The second motion was denied September 3.
The appeal must be and is dismissed under the rule of Barrett v. Smith,
The defendant's printed record can be used on the appeal from the judgment if there is one.
Appeal dismissed.