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Lockwood v. Bock

Harry Lockwood v. Walter W. I. Bock

Lockwood v. Bock, 48 N.W. 458 (Minn. 1891)
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Court
Supreme Court of Minnesota · State Highest Courts
Decided
April 8, 1891
Judges
Collins
Citations
48 N.W. 45846 Minn. 731891 Minn. LEXIS 237
Headnotes
Appeal — Order Refusing to Vacate Former Order. — An appeal will not lie from an order of the district court refusing to vacate and set aside its order previously made for judgment on the pleadings.
Summary
Motion to dismiss the defendant’s appeal from the orders of the district court for Eamsey county, Kerr, J., presiding, which are stated in the opinion.

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

Opinion of the Court — Collins

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

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.

How later courts describe this case

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

1903: 11906: 11910: 11921: 11928: 11929: 11942: 11947: 11948: 119032026peak 1903 · 1

Relies on it most ⓘ

  1. State ex rel. Peterson v. Bentley28 N.W.2d 179 (Minn. 1947)
  2. Barrie v. Northern Assurance Co.109 N.W. 248 (Minn. 1906)
  3. Security State Bank v. Brecht185 N.W. 1021 (Minn. 1921)
  4. Thompson v. Chicago & North Western Railway Co.226 N.W. 700 (Minn. 1929)
  5. County of Renville v. City of Minneapolis128 N.W. 669 (Minn. 1910)
  6. Davis v. Royce219 N.W. 928 (Minn. 1928)

Most recent

  1. Quevli v. First National Bank of Windom32 N.W.2d 146 (Minn. 1948)
  2. State ex rel. Peterson v. Bentley28 N.W.2d 179 (Minn. 1947)
  3. State ex rel. Gresham v. Delaney4 N.W.2d 348 (Minn. 1942)
  4. Thompson v. Chicago & North Western Railway Co.226 N.W. 700 (Minn. 1929)
  5. Davis v. Royce219 N.W. 928 (Minn. 1928)
  6. Security State Bank v. Brecht185 N.W. 1021 (Minn. 1921)

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
Brown v. Minn. Thresher Mfg. Co., 46 N.W. 560 (Minn. 1890) 13
Cochran v. Toher, 14 Minn. 385 (1869) 33

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