DITZLER v. SPEE

No. 42480.

180 N.W.2d 178 (1970)

Donald DITZLER, et al., Relators, v. Donald SPEE, Respondent. Donald SPEE, Respondent, v. Donald DITZLER, individually and as father and natural guardian of Christi Ditzler, a minor, Relator.

Supreme Court of Minnesota.

September 25, 1970.


Attorney(s) appearing for the Case

Erickson, Zierke, Kuderer, Utermarck & Sinor, Fairmont, for relators.

Berens, Rodenberg & O'Connor, New Ulm, for respondent.


OPINION

OTIS, Justice.

This matter is before the court on an alternative writ of prohibition secured by the plaintiffs Ditzler to enjoin the prosecution of a declaratory judgment action instituted by defendant Spee. The issue is whether a defendant in a personal injury action brought by the owner and by the operator of an automobile can require that the unsued claim of plaintiffs' minor child be litigated in the same proceedings. The lower court held that...

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