SCHMALZ v. MAXWELL

Nos. C5-83-1806, C7-83-1855.

354 N.W.2d 549 (1984)

Robert N. SCHMALZ, Executor of the Estate of Jeanette Opsahl Vickery, and Marjorie Ironside Barnes, Respondents, v. Vera MAXWELL, Appellant, Betty Allen, Appellant.

Court of Appeals of Minnesota.

September 11, 1984.


Attorney(s) appearing for the Case

John R. Hawkinson, Grand Rapids, for respondents.

Dennis L. O'Toole, Grand Rapids, for appellant Vera Maxwell.

Sheldon D. McRae, Sr., Bemidji, for appellant Betty Allen.

Heard, considered, and decided by WOZNIAK, P.J., and SEDGWICK, and LESLIE, Judge.


OPINION

SEDGWICK, Judge.

This is an appeal from a $50,000 judgment entered in favor of plaintiffs in a replevin action. Post-trial motions for judgment notwithstanding the verdict or a new trial were denied. Defendants contend the judge's findings are not consistent with the evidence at trial, and newly discovered evidence contradicts sworn testimony upon which the trial judge based his findings. We affirm.

FACTS

Dr. Jeanette Opsahl Vickery...

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