Philadelphia Storage Battery Co. v. Hawley
Cited by
- Bolon v. Pennington 415 P.2d 148 Ariz. Ct. App. Div. 2 1966
- Bredemann v. Bredemann 91 N.W.2d 84 Minn. 1958
- In Re Application of Bonley 6 N.W.2d 245 Minn. 1942
- Bonley v. Rickmire 6 N.W.2d 245 Minn. 1942
- Bergman v. Williams 217 N.W. 127 Minn. 1927
Authorities cited
Identified automatically; this list may not be exhaustive.
- National Albany Exchange Bank v. Cargill 39 Minn. 477
- Stromme v. Rieck 110 Minn. 472
- McCauley v. Wuest 125 N.W. 1021
- Minneapolis Trust Co. v. Menage 66 Minn. 447
- Blied v. Barnard 130 Minn. 534
- Walker v. Holbrook 153 N.W. 305
- Lovering v. Webb Publishing Co. 108 Minn. 201
- 121 N.W. 911 not in our corpus
Opinion text
PER CURIAM. Defendants appeal from an order permitting plaintiff to serve and file a reply to their answer, and insist that, in permitting the service of the reply some months after the expiration of the statutory time, the court abused the discretion conferred upon it by section 7786, G. S. 1913. An order relieving a party from default and granting him leave to interpose an answer or reply, made after the entry of judgment, is appealable, as such orders cannot be reviewed on an appeal from the judgment. But such orders, made before judgment, are not appealable, for they may be reviewed on an appeal from the judgment and therefore are not final *539 upon the merits of the question involved. National A. Exch. Bank v. Cargill, 39 Minn. 477 , 40 N. W. 570 ; Stromme v. Rieck, 110 Minn. 472 , 125 N. W. 1021 ; Minneapolis Trust Co. v. Menage, 66 Minn. 447 , 69 N. W. 224 ; Blied v. Barnard, 130 Minn. 534 , 153 N. W. 305 ; Lovering v. Webb Pub. Co. 108 Minn. 201 , 120 N. W. 688 , 121 N. W. 911 . The order in question having been made 'before the case was brought to trial is not appeal-able, and the appeal must be, and is, dismissed.