Stromme v. Rieck

Per Curiam. This is an appeal from an order, made before judgment, granting-leave to file and serve a proposed supplemental complaint. Is such an order appealable? No. An order, made after judgment, allowing an amended or supplemental pleading, is appealable, because it. directly affects the judgment, and is a final order involving the merits, of the action, or some part thereof. North v. Webster, 36 Minn. 99 , 30 N. W. 429 ; Voak v. National Investment Co., 51 Minn. 450 , 53 N. W. 708 . If such an order is made before judgment, it may be reviewed on appeal from the judgment, when entered, or on an appeal from an order denying a motion for a new trial, if the order allowing the amended or supplemental pleading was made on the trial as a part thereof, but no appeal lies from such order made before judgment. City of Winona v. Minn. R. C. Co., 25 Minn. 328 ; Manwaring v. O’Brien, 75 Minn. 542 , 78 N. W. 1 ; Hanley v. Board of Commrs.. of Cass County, 87 Minn. 209 , 91 N. W. 756 . Appeal dismissed.