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BRESLAW v. BRESLAW

No. 35,042.

229 Minn. 371 (1949)

BENJAMIN C. BRESLAW v. FANNIE BRESLAW.

Supreme Court of Minnesota.

October 28, 1949.

Attorney(s) appearing for the Case

Virginia B. Blythe, for appellant.

Benjamin M. Rigler, for respondent.

FRANK T. GALLAGHER, JUSTICE.

Motion to dismiss defendant's appeal from two orders denying defendant's motions to set aside, vacate, and declare null and void the judgment and decree of the district court in a divorce action, on the ground that when the appeal was taken the time in which an appeal could be taken had elapsed.

M.S.A. 605.08 provides:

"An appeal from a judgment may be taken within six months...

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