TaiLexi AI U.S. Case Law

Thorp v. Lorenz

D. M. Thorp v. Joseph Lorenz

Thorp v. Lorenz, 25 N.W. 712 (Minn. 1885)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Minnesota · State Highest Courts
Decided
December 12, 1885
Citations
25 N.W. 71234 Minn. 3501885 Minn. LEXIS 244
Cited by 12
Headnotes
Appeal — Order Dismissing Action. — An order at the trial, dismissing an action on the ground that the complaint stated no cause of action, is not appealable. [Rep.
Summary
Appeal by plaintiff from an order of the district court for Redwood county, dismissing the action. Respondent moved for a dismissal of the appeal.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

By the Court.

This is an appeal from an order made on the trial dismissing the action, on the ground that the complaint did not state a cause of action. It has been repeatedly held by this court that an order of this kind is not appealable. Rogers v. Holyoke, 14 Minn. 387 , (514;) Lamb v. McCanna, 14 Minn. 385 , (513;) Searles v. Thompson, 18 Minn. 285 , (316.) The plaintiff should either have moved for a new trial and appealed from the order refusing it, or else caused judgment of dismissal to have been entered, and then appealed from the judgment.

Appeal dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 12 cases

View all citing references →
1888: 11894: 11895: 11903: 11907: 11923: 11930: 11934: 21948: 11954: 11967: 118882026peak 1934 · 2

Relies on it most ⓘ

  1. Beatty v. Winona Housing & Redevelopment Authority151 N.W.2d 584 (Minn. 1967)
  2. H. Christiansen & Sons, Inc. v. City of Duluth31 N.W.2d 277 (Minn. 1948)
  3. Kennedy v. Citizens' National Bank93 N.W. 71 (Iowa 1903)
  4. Lundblad v. Erickson230 N.W. 473 (Minn. 1930)
  5. Royal Realty Co. v. Levin66 N.W.2d 5 (Minn. 1954)
  6. Wall v. First National Bank of Crosby193 N.W. 51 (N.D. 1923)

Most recent

  1. Beatty v. Winona Housing & Redevelopment Authority151 N.W.2d 584 (Minn. 1967)
  2. Royal Realty Co. v. Levin66 N.W.2d 5 (Minn. 1954)
  3. H. Christiansen & Sons, Inc. v. City of Duluth31 N.W.2d 277 (Minn. 1948)
  4. In re Estate of Firle253 N.W. 889 (Minn. 1934)
  5. Long v. Mutual Trust Life Insurance253 N.W. 762 (Minn. 1934)
  6. Lundblad v. Erickson230 N.W. 473 (Minn. 1930)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Cochran v. Toher, 14 Minn. 385 (1869) 33
Cleveland v. City of St. Paul, 18 Minn. 279 (1872) 16

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list