Minnesota Statutes
Minn. Stat. § 544.32 (2026)
[Repealed]
✓ current as of May 2026
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MS 1949 [Repealed, 1974 c 394 s 12]
Notes of Decisions
Cited in 15
cases, 1943–2019 · leading case: Elsen v. State Farmers Mut. Ins. Co., 17 N.W.2d 652 (Minn. 1945).
Elsen v. State Farmers Mut. Ins. Co., 17 N.W.2d 652 (Minn. 1945). “1941, § 544.32 (Mason St. 1927, § 9283). They challenge the vacation of the order of approval on the ground of mutual mistake and set up laches, estoppel, and ratification.”
Marriage of Egge v. Egge, 361 N.W.2d 485 (Minn. Ct. App. 1985). “See, Minn.Stat. § 544.32 (1942) (repealed). Rule 60.”
Indus. Loan Thrift Corp. v. Swanson, 26 N.W.2d 625 (Minn. 1947). “This was done for the obvious purpose of enabling them to assert the defenses which they attempted to assert in the action on the judgment, but could not for the reason already stated.”
Hinz v. Northland Milk & Ice Cream Co., 53 N.W.2d 454 (Minn. 1952). “) In the exercise of a sound judicial discretion, under § 544.32, it is the duty of the trial court, in furthering justice by adopting a liberal policy 2 conducive to the trial of causes on their merits, to grant a motion to open a default judgment and permit a party to answer,…”
Whipple v. Mahler, 10 N.W.2d 771 (Minn. 1943). “1941, § 544.32 (Mason St. 1927, § 9283), Avhich provides for the granting of the relief here sought by defendants, is but a limitation rather than a grant of power.”
Matter of Est. of Weber, 418 N.W.2d 497 (Minn. Ct. App. 1988). “To the extent appellants raise any issue on appeal regarding conflict of interest stemming from Ryan and Oppenheimer's alleged improper defense of First Bank and Rosenberg in the suit against them by the estate for which Ryan was counsel, we believe that issue to be resolved by…”
Thunderbird Motel Corp. v. Cnty. of Hennepin, 183 N.W.2d 569 (Minn. 1971). “278 in so far as it is inconsistent or in conflict with the rules. For reasons which are more fully set forth below, we find no conflict between Rule 60.”
Mund v. Mund, 90 N.W.2d 309 (Minn. 1958). “1949, § 544.32, limited the power of the district court to amend for a mistake to one year after entry of judgment.”
Buck Blacktop, Inc. v. Gary Contracting & Trucking Co., LLC, 929 N.W.2d 12 (Minn. Ct. App. 2019). “02, a statute provided, among other things, that a district court, "in its discretion, may relieve a party from any judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect; or may, for good cause shown, modify or…”
Stand. Oil Co. v. King, 55 N.W.2d 710 (Minn. 1952). “(2d) 454 , 455: “In the exercise of a sound judicial discretion, under § 544.32, it is the duty of the trial court, in furthering justice hy adopting a *83 liberal policy conducive to the trial of causes on their merits, to grant a motion to open a default judgment and permit a…”
Bentley v. Kral, 26 N.W.2d 532 (Minn. 1947). “1945, § 544.32, 2 the court has the power to relieve a party from a judgment taken against him through his mistake, inadvertence, surprise, or excusable neglect.”
Severson v. Engbarth, 135 N.W.2d 205 (Minn. 1965). “32, which as far as material reads: “The court, * * * at any time within one year after notice thereof, in its discretion, may relieve a party from any judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect; or…”
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