104 Minn. 57
Decided April 10, 1908
Supreme Court of Minnesota · decided 1908-04-10
An action in the district court for Stearns county by the administratrix of the estate of John G. Steinbach, deceased, to have a certain deed declared a mortgage and for an accounting, and in case the mortgage had not been fully paid to be allowed to redeem, was tried and pursuant to an order of court judgment was entered and docketed therein on October 14, 1905.
Relies on Thorson v. St. Paul Fire & Marine Insurance
On the return day the appeal was dismissed · Decided 1908-04-10
¶1Motion to dismiss appeal on the ground that the notice thereof was not served on the clerk of the district court within the time limited. The notice was served by mail, but did not reach the clerk until after the time for appealing from the order had expired. Held, following Thorson v. St. Paul F. & M. Ins. Co., 32 Minn. 434, 21 N. W. 471, that the service was insufficient.
¶2Appeal dismissed.