Ryan v. Kranz
Cited by
- Nikannis Co. v. City of Duluth 121 N.W. 212 Minn. 1909
- Child v. Morgan 52 N.W. 1127 Minn. 1892
- Croft v. Miller 4 N.W. 45 Minn. 1879
Authorities cited
Identified automatically; this list may not be exhaustive.
- Searles v. Thompson 18 Minn. 316
- City of Winona v. Huff 11 Minn. 119
- 11 Minn. 132 not in our corpus
- Lamb v. McCanna 14 Minn. 513
- 18 Minn. 320 not in our corpus
Opinion text
Berry, J. This case was tried by the district court without a jury. As conclusions of law, the court finds “that the plaintiff is not entitled to recover, and that the defendant is entitled to judgment against the plaintiff for his costs and disbursements, ” adding the words: “Let judgment be entered accordingly.” This direction is a part of the “decision” of the court, within the evident meaning of Gen. St. c. 66, § 226.. It is not an order involving the merits, or any part thereof,, within the meaning of Gen. St. c. 86, § 8, subd. 3, relating-to appeals in civil actions. It is merely a direction that an act be done which does involve the merits, to wit, that judgment be entered. It is, therefore, not appealable. Von Glahn v. Sommer, 11 Minn. 132 (203;) Lamb v. McCanna, 14 Minn. 513 ; Searles v. Thompson, 18 Minn. 320 . Appeal dismissed.