Lockwood v. Bock
Cited by
- Quevli v. First National Bank of Windom 32 N.W.2d 146 Minn. 1948
- State Ex Rel. Peterson v. Bentley 28 N.W.2d 179 Minn. 1947
- State Ex Rel. Gresham v. Delaney 4 N.W.2d 348 Minn. 1942
- Thompson v. Chicago & North Western Railway Co. 226 N.W. 700 Minn. 1929
- Davis v. Royce 219 N.W. 928 Minn. 1928
- Security State Bank v. Brecht 185 N.W. 1021 Minn. 1921
- County of Renville v. City of Minneapolis 128 N.W. 669 Minn. 1910
- Barrie v. Northern Assurance Co. 109 N.W. 248 Minn. 1906
Authorities cited
Identified automatically; this list may not be exhaustive.
- Cochran v. Toher 14 Minn. 385
- Brown v. Minnesota Thresher Manufacturing Co. 44 Minn. 322
Opinion text
Collins, J. 1 This appeal is from two orders of the same import practically, — one being an order for judgment on the pleadings, in plaintiff’s favor; the other, an order refusing to set it aside. The respondent moves to dismiss on the ground that neither of said orders is appealable. It is well settled that the first-mentioned, ordering judgment on the pleadings, is not. Lamb v. McCanna, 14 Minn. 385 , (513.) The one subsequently made, whereby defendant’s motion to vacate a non-appealable order was denied, is clearly within the rule stated in Brown v. Minn. Thresher Mfg. Co., 44 Minn. 322 , ( 46 N. W. Rep. 560 ,) and the appeal must be dismissed. The motion to vacate and set aside the order for judgment was superfluous, and, if an appeal could be permitted from an order denying *74 such a motion, there would exist no possible reason for making or adhering to the rule established in Lamb v. McCanna, supra. Appeal dismissed. Vanderburgh, J., took no part in this case. Mitchell, J., being absent when this decision was made and filed, took no part therein.