Skip to main content
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)
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

867 chars
On the appeal, defendant claimed for the first time that William was not entitled to continue the prosecution of Lillian’s personal injury action as one for her wrongful death for lack of a court order authorizing him to do so. No such order is in the files, and no record thereof appears. After the trial the clerk certified that there was no such order or record, and the Honorable Eol E. Barron, one of the judges of the court below, certified that at the opening of the 1946 term of the court he heard the motion by William as special administrator to substitute him as plaintiff in Lillian’s action for personal injuries and by amendment to convert it into one for her wrongful death, and that he granted the motion. Correspondence between counsel showed that such an order had been made. Defendant’s counsel admitted service of the amended complaint making *115