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TOMBS v. ASHWORTH

No. 37,591.

255 Minn. 55 (1959)

95 N.W. (2d) 423

RAYMOND E. TOMBS AND ANOTHER v. HAROLD E. ASHWORTH AND OTHERS, INDIVIDUALLY AND AS COPARTNERS d.b.a. ASHWORTH & SONS COMPANY.

Supreme Court of Minnesota.

March 6, 1959.

Attorney(s) appearing for the Case

John J. McBrien, for appellants.

Louis J. Moriarty and Irving M. Frisch, for respondents.

KNUTSON, JUSTICE.

This case was commenced to recover damages for alleged conversion of some construction equipment. It was tried by the court without a jury. Findings of fact, conclusions of law, and order for judgment in favor of defendants were entered on April 17, 1957. On or about August 8, 1957, defendants served upon plaintiffs a notice of motion to tax costs and enter judgment. The notice read as follows:

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