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Savings Bank v. St. Paul Plow Co.

SAVINGS BANK OF ST. PAUL v. ST. PAUL PLOW COMPANY and Another

Sav. Bank v. St. Paul Plow Co., 78 N.W. 873 (Minn. 1899)
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Court
Supreme Court of Minnesota · State Highest Courts
Decided
April 7, 1899
Docket
No. 11,537—(119)
Judges
Ouriam
Citations
78 N.W. 87376 Minn. 71899 Minn. LEXIS 519
Disposition
Dismissed.
Headnotes
Appeal — Order Denying Motion to Amend Conclusions of Law and for Judgment. An order denying a motion that the trial court change its conclusions of law, and for judgment notwithstanding such conclusions, is not appeal-able.
Summary
Appeal by plaintiff from an order of the district court for Ramsey county, Bunn, J., denying a motion to set aside the conclusions of law made by the court and for judgment in favor of plaintiff notwithstanding such conclusions.

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

Opinion of the Court — Ouriam

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PER OURIAM.

This cause was tried without a jury, and the trial court made its findings of fact and conclusions of law in favor of the defendants. Thereupon the plaintiff made a motion to set aside the conclusions of law and for judgment, notwithstanding such conclusions, in favor of the plaintiff. The plaintiff appealed from an order denying the motion, and the defendants moved to dismiss the appeal on the ground that the order is nonappealable. The motion must be granted.

An order denying a motion that the court change its conclusion of law in its decision upon its trial of a cause without a jury is not appealable. Shepard v. Pettit, 30 Minn. 119 , 14 N. W. 511 . The plaintiff, however, claims that the appeal lies by virtue of Laws 1895, c. 320. Assuming, without so deciding, that this statute applies to a case tried by the court without a jury, still the order in question is not appealable. No appeal lies from an order, under this statute, granting or denying a motion for judgment. St. *8 Anthony Falls Bank v. Graham, 67 Minn. 318 , 69 N. W. 1077 ; Oelschlegel v. Chicago G. W. Ry. Co., 71 Minn. 50 , 73 N. W. 631 .

Appeal dismissed.

How later courts describe this case

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

1902: 11906: 11909: 11910: 21926: 119022026peak 1910 · 2

Relies on it most ⓘ

  1. Gay v. Kelley123 N.W. 295 (Minn. 1909)
  2. Hodge v. Franklin Insurance126 N.W. 1098 (Minn. 1910)
  3. Lamprey v. St. Paul & Chicago Railway Co.91 N.W. 29 (Minn. 1902)
  4. Peterson v. Hutchinson107 N.W. 1124 (Minn. 1906)
  5. Hostager v. Northwest Paper Co.124 N.W. 213 (Minn. 1910)
  6. Farmers & Merchants State Bank v. S. J. Groves & Sons Co.210 N.W. 37 (Minn. 1926)

Most recent

  1. Farmers & Merchants State Bank v. S. J. Groves & Sons Co.210 N.W. 37 (Minn. 1926)
  2. Hodge v. Franklin Insurance126 N.W. 1098 (Minn. 1910)
  3. Hostager v. Northwest Paper Co.124 N.W. 213 (Minn. 1910)
  4. Gay v. Kelley123 N.W. 295 (Minn. 1909)
  5. Peterson v. Hutchinson107 N.W. 1124 (Minn. 1906)
  6. Lamprey v. St. Paul & Chicago Railway Co.91 N.W. 29 (Minn. 1902)

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 3

DepthCaseCited by
Oelschlegel v. Chicago Great Western Ry. Co., 73 N.W. 631 (Minn. 1898) 31
St. Anthony Falls Bank v. Graham, 69 N.W. 1077 (Minn. 1897) 24
Shepard v. Pettit, 14 N.W. 511 (Minn. 1883) 12

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