Manwaring v. Drake-Stratton Company

• Decision Date: 21 December 1904
• Docket Number: 14,192 - (159)
• Citation: 101 N.W. 1134,93 Minn. 497
• Parties: JOHN MANWARING v. DRAKE-STRATTON COMPANY
• Court: Minnesota Supreme Court

101 N.W. 1134

93 Minn. 497

JOHN MANWARING v. DRAKE-STRATTON COMPANY

Nos. 14,192 - (159)

Supreme Court of Minnesota

December 21, 1904

Appeal by plaintiff from an order of the district court for St. Louis county, Ensign, J., granting a motion for judgment in favor of defendant notwithstanding the verdict. Reversed, and judgment ordered for plaintiff.

John Jenswold, Jr., for appellant.

Davis, Hollister & Wilson, for respondent.

OPINION

PER CURIAM.

The respondent having failed to appear on the day set for the hearing of this cause and argue it, or to furnish the court with a brief or points and authorities, and the appellant having applied for a reversal under rule 14, it is ordered that the judgment appealed from be reversed, and the cause remanded to the district court of the county of St. Louis, with directions to enter judgment for the plaintiff on the verdict.

The attorneys for the respective parties having stipulated that an order might be made vacating and setting aside the order reversing the judgment of the district court, such an order was made and filed on January 3, 1905, and the case set for hearing on the merits upon the amended return, paper book, brief of appellant and brief of respondent. Thereafter on February 24, 1905, the following opinion was filed.