United States Roofing & Paint Co. v. Melin
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Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.
(as of 9/30/2026)
Last cited by a Minnesota appellate court in 1950, among the opinions in this site’s citation index.
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Cases that cite this one
10 later published cases cite this decision.
- Bennett v. Johnson (Minn. 1950)
- Nelson v. Auman (Minn. 1944)
- Simons v. Cowan (Minn. 1944)
- Johnson v. Kruse (Minn. 1939)
- Gilmore v. City of Mankato (Minn. 1936)
- Thompson v. Chicago & North Western Railway Co. (Minn. 1929)
- Davis v. Royce (Minn. 1928)
- Bruce v. Cohn (Minn. 1927)
- Board of Park Commissioners v. Bremner (Minn. 1934)
- Board of Park Commissioners v. Bremner (Minn. 1934)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
An order denying a motion to vacate an order striking out an answer as sham is appealable, but the motion to vacate must be made returnable before the expiration of the time to appeal from the original order.
If the original order was nonappealable then the order denying a motion to vacate is nonappealable. Security State Bank v. Brecht, 150 Minn. 502, 185 N. W. 1021. But here the original order was appealable.
The motion asking that the prior order striking out the answer be vacated and allowing defendant to file an amended answer was addressed to the discretion of the trial court and, in absence of a clear abuse of discretion, its decision in such case will not be disturbed by this court. In this case there was no abuse of discretion.
Order affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.