ULLMAN v. LUTZ

No. 35,935.

238 Minn. 21 (1952)

MINNIE ULLMAN AND ANOTHER v. PETER LUTZ AND OTHERS. WILLIAM MILLER AND OTHERS, APPELLANTS.

Supreme Court of Minnesota.

October 10, 1952.


Attorney(s) appearing for the Case

Fugina & Fugina and George, Brehmer & McMahon, for appellants William and Esther Miller, Consumers Tire & Supply Co., Diana Miller, and Eva and John Popp.

Crosby & Esch, for appellant Charles Miller.

Foley & Foley and Daniel F. Foley, for respondents.


MATSON, JUSTICE.

Upon respondents' motion to dismiss an appeal for want of jurisdiction, we have the sole question of whether this court has acquired appellate jurisdiction where a notice of appeal has been served upon the respondents within the time allowed by statute but has not been served or filed with the clerk of the district court until after the time allowed to perfect an appeal has expired.

The issue arises out of a case for the partition of...

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