35 Minn. 379 | Minn. | 1886
If the defendant deemed himself aggrieved by the action of the court below in striking from his proposed case matter relative to his proposed amended answer, his remedy was not a motion for a new trial, but that indicated in State v. Macdonald, 30 Minn. 98, (14 N. W. Rep. 459,) to wit, to move for a resettlement of the case, and, in case of refusal, to apply for a mandamus. As the case comes to us, there is nothing in it showing what amendment to the answer was proposed, so we have nothing on which to review the refusal to allow it.
As to the finding of fact that there had been no waiver of defendant’s default, it is not only in accordance with the evidence, but there is no evidence whatever to the contrary. The contract between Bendeke and defendant was a contract to sell and convey on the per
Order affirmed.