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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)
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

674 chars
M. S. A. 544.32 provides that the court for good cause shown may supply any omission in any proceeding or record. Independent of statute, courts have such power as an inherent one. Where, as here, the omission relates to a fact provable by a document of an indisputable and incontrovertible nature, the adverse party is denied no right by reopening and receiving such proof, because even upon the trial the court would have been bound to peremptorily instruct the jury that the document spoke for itself and that the jury had nothing to determine with respect to the facts to which the document related. Here, the certified copy of the letters of special administration *122