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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of Ms case a certified copy of the letters of special administration, the only objection by defendant was that the court lacked power after verdict to receive them. The letters, having been issued by a court having jurisdiction, were conclusive evidence of the due appointment of William as special administrator of Lillian’s estate. Morin v. St. P. M. & M. Ry. Co 33 Minn. 176, 22 N. W. 251. If the letters had been received in evidence upon the trial, plaintiff would have been entitled to a peremptory instruction to that effect. And if that had been done, plaintiff’s capacity to maintain the wrongful-death action would have been shown. M. S. A. 573.02; Jones v. Minnesota Transfer Ry. Co. 108 Minn. 129, 121 N. W. 606. While it is true, as defendant argues, that, because the office of an amendment nunc pro tunc

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