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
Original Source: https://www.courtlistener.com/opinion/3533510/mattfeld-v-nester/ ↗

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In the answer to the amended complaint, defendant denied the allegation therein that William had been appointed special administrator of Lillian’s estate. At the trial, defendant objected to the question whether William had been appointed special administrator of Lillian’s estate, upon the ground that it was “not the best evidence.” Without taking a ruling, plaintiffs’ counsel stated that he would “supply that.” Thereupon the trial proceeded the same as if William had been appointed special administrator of Lillian’s estate. Plaintiffs’ counsel failed to supply a certified copy of letters or other proof that William had been appointed special administrator of Lillian’s estate. Notwithstanding this omission, defendant made numerous requests to charge, and the trial court without objection submitted the case upon the supposition that William had brought the action as special administrator of Lillian’s estate. There was no motion to dismiss at the close of plaintiffs’ case, but there was one for a directed. verdict at the close of all the testimony. Failure to supply the certified copy of the letters or other proof of William’s appointment as special administrator was not assigned as a ground of the motion or in any other way referred to. After verdict, however, defendant claimed that because of the omission he was entitled to judgment. Then, to cure the omission, William procured a certified copy of his appointment as Lillian’s special administrator prior to the conversion of Lillian’s personal injury action into one for her wrongful death and moved to be allowed to file the letters nunc pro tunc

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