HONEYMEAD PRODUCTS CO. v. AETNA CASUALTY & SUR. CO.

No. 39609.

132 N.W.2d 741 (1965)

HONEYMEAD PRODUCTS COMPANY, et al., Appellants, v. AETNA CASUALTY AND SURETY COMPANY, et al., Respondents.

Supreme Court of Minnesota.

January 15, 1965.


Attorney(s) appearing for the Case

Doherty, Rumble & Butler, R. J. Leonard and Eugene M. Warlich, St. Paul, Dorsey, Owen, Marquart, Windhorst & West, Minneapolis, for appellants.

Gallagher, Farrish & Zimmerman and James H. Manahan, Mankato, Faegre & Benson and Wright W. Brooks, Minneapolis, Clausen, Hirsh, Miller & Gorman, Chicago, Ill., for respondents.


OTIS, Justice.

Defendants move to dismiss this appeal from an order denying plaintiffs' motion for judgment n.o.v. or a new trial entered after the time to appeal from defendants' judgment had expired.

A verdict for defendants was rendered on March 11, 1964, and the clerk of court in violation of Rule 77.04, Rules of Civil Procedure, entered judgment in their favor on March 12 without notice to any of the parties,1 there being...

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