99 Minn. 286 | Minn. | 1906
The town board of the town of Partridge authorized certain counsel to bring an action for the plaintiff and respondent against the defendant and appellant. A money judgment was rendered for the plaintiff. A motion was made' by the defendant within a year afterwards praying that the judgment be set aside on the ground that the town board had not authority to institute or maintain the action and that the electors of the town only had such power. Plaintiff’s attorneys presented counter affidavits showing that subsequently to the entry of the judgment the electors ratified the employment of plaintiff’s attorneys and the maintenance of the action, including its culmination in the money judgment. The court denied defendant’s motion.- Defendant took this appeal.
Order affirmed.