91 Minn. 161 | Minn. | 1903
On the petition of the relator herein the district court of the county of Ramsey was by an order of this court required to show cause why a peremptory writ of mandamus should not issue directing it’ to enter judgment in the case of John F. Broderick v. City of St. Paul, and others, forever restraining the city from entering into the contract between the city and the company set out in the complaint in the action, and from carrying out or performing the pretended contract.
If the issues, either of law or fact, tendered by the supplemental answer are heard and determined in the ordinary course of judicial procedure, it is evident that the time limit of the contract will have expired before a decision can be had, and that the relator, if entitled to his injunction, will lose the fruits of his litigation. The contention of the relator is, in effect, that he had a clear, absolute legal right, by
The cases cited sustain and illustrate the proposition that, although the opinion of this court is conclusive of the case on the facts presented by the record before it, yet the trial court, where the remand is without direction, is free to grant a motion for a new trial on an amendment of the pleadings or a supplemental pleading for good cause shown. In such a case the action of the trial court is not inconsistent with the opinion of the appellate court, for it is based on facts not before that court. It follows, then, that if on the remand of the case no motion had been made by the defendants to be' permitted to make a supplemental answer and for a new trial, the relator would have been entitled to judgment, but that the trial court had power to hear and determine the defendant’s motion. The relator, however, claims that the court had no authority to allow a supplemental answer to he made after judgment, and that without such answer there was no basis for granting a new trial. Section 5270, G. S. 1894, provides that the plaintiff and defendant respectively may be allowed on motion to make a supplemental complaint, answer, or reply alleging facts material to the case occurring after the former complaint, answer, or reply. It is to be observed that the time within which such supplemental pleading may be allowed is not limited. Section 5266, G. S. 1894, provides that amended pleadings may be made “before or after judgment.”
The last claim of the relator to be considered is that the supplemental answer states no defense. Its sufficiency, however, cannot be determined by mandamus unless it is so clearly apparent from a mere inspection of the answer that it states no defense, and that its allowance was a mere pretext to defeat the relator’s motion for judgment. Any other rule would result in practice in the interruption of the orderly course of procedure in an action, and the determination of the sufficiency of the pleadings by mandamus.
The supposed exigencies of this case do not make it an exception to •tire rule. We are satisfied from an examination of the supplemental ■answer that its allowance was no.t a mere pretext, and that the question whether it states a defense is both important and doubtful, and .that it should be determined in the usual course of judicial procedure.
Order to show cause discharged.