98 Minn. 507 | Minn. | 1906
In proceedings by relator to compel a county auditor to issue a certificate of redemption from tax deeds to land, a third person, the owner -of the tax deeds, appeared on the return day at a special term of the 'district court, and desired leave to file an answer. The court having denied the auditor’s motion to quash, orally indicated that he would ■sign an order permitting that third person to answer within five days. Counsel for the relator not understanding that the order was to re•quire its service on the third person, presented on the afternoon of the return day a formal order without that requirement. This the court signed. The court intended, as clearly appears from its minutes «duly certified here, that the third party should have five days’ time from the time of service of that order within which to answer. No .answer having been served or filed by the third party within the time specified in the order, the court at a subsequent hearing, granted the application of the relator for a writ of mandamus, required its service upon the auditor and the third person. Upon a subsequent order to show cause, the same judge who had signed the formal order without notice of motion or verified petition or statement by or on behalf of the third person, directed relator to show cause why its former orders should not be set aside. After hearing the parties, the court directed that its previous orders be vacated and set aside.
Objection is also made that the order appealed from is much too broad and sweeping in its terms and operated in legal effect to dismiss the entire proceedings and left the relator remediless. That construction of the order is not proper. It would seem that all that the trial court has done is to restore the case to the position in which it was before the error arose. The relator still has free access to the courts; he has encountered a check but not a final bar in his pursuit of the remedy to which he is entitled upon his proof.
Order affirmed.