Minnesota Supreme Court, 1925

Matchan v. Phoenix Land Investment Co.

Matchan v. Phoenix Land Investment Co.
Minnesota Supreme Court · Decided November 6, 1925 · PER CURIAM.
205 N.W. 637; 165 Minn. 479; 1925 Minn. LEXIS 1170 (North Western Reporter)

Counsel

Ludwig O. Solem , and Seth Lundquist , for appellants. Wright Wright, S. R. Child, H. E. Fryberger , and Donald E. Bridgman , for respondents.

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Matchan v. Phoenix Land Investment Co.

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5 later published cases cite this decision.

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Opinion of the Court

PER CURIAM.

These proceedings, two in number, involve but one controversy and will be disposed of by this one order.

The appeal is by R. R. Betcher and First National Holding Company, a corporation, from an order denying their motion to vacate a judgment. It appears that both appellants were parties to the case as tried and decided below. The points they now urge in their attack upon the judgment could have been made by an appeal therefrom. Therefore, they cannot be reviewed by a motion to vacate the judgment. Gasser v. Spalding, 164 Minn. 443, 205 N. W. 374. In consequence the order denying the motion is not appealable, and the trial court was right in refusing to settle the case or approve an appeal bond.

The application for a writ of mandamus directing the district court of Hennepin county to settle a ease and approve a bond on appeal is denied and the appeal itself is dismissed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.