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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Mattfeld v. Nester, 32 N.W.2d 291 (1948)

Citation
Mattfeld v. Nester, 32 N.W.2d 291 (1948) (2)
Parent Document
Mattfeld v. Nester, 32 N.W.2d 291 (1948)
Jurisdiction
Minnesota (state)
Effective Date
1948-04-16

Other Sections in This Document (117)

Full Text

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(2) Whether, in a wrongful-death action, where issue is tendered as to whether plaintiff had been appointed as a special administrator of decedent’s estate, of which fact plaintiff’s counsel stated upon the trial he would furnish proof, but did not, and the trial proceeded to a verdict in favor of plaintiff upon the assumption that plaintiff had been so appointed and would supply proof of the fact, the trial court had the power to reopen the case after verdict to permit plaintiff to prove the fact of his appointment as special administrator by uncontroverted letters of special administration issued by the probate court having jurisdiction of decedent’s estate;