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Nikannis Co. v. City of Duluth

NIKANNIS COMPANY and Another v. CITY OF DULUTH

Nikannis Co. v. City of Duluth, 121 N.W. 212 (Minn. 1909)
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Court
Supreme Court of Minnesota · State Highest Courts
Decided
May 21, 1909
Docket
No. 16,139—(115)
Citations
121 N.W. 212108 Minn. 831909 Minn. LEXIS 636
Disposition
Dismissed.
Cited by 6
Headnotes
Orders Not Appealable. Neither an order for judgment nor an order denying a motion to amend the trial court’s findings of fact and conclusions of law is appealable.
Summary
An assessment against the lots of appellants having been levied by the board of public works of Duluth for the repaving and improving of a certain street, an appeal from the assessment was taken to the district court for St. Louis county. The matter was heard before Cant, J., who made findings and ordered judgment confirming the assessment. Judgment was entered pursuant to the order. From an order refusing to grant their motion to amend the findings of fact and conclusions of law, and from the order for judgment, the lot owners appealed.

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.

Per Curiam.

Appeal from an order for judgment, and also from an order refusing to grant a motion to amend the findings of fact and conclusions of law. An order for judgment is not appealable. Ryan v. Kranz, 25 Minn. 362 ; Croft v. Miller, 26 Minn. 317 , 4 N. W. 45 ; St. Anthony Falls Bank v. Graham, 67 Minn. 318 , 69 N. W. 1077 .

An order denying a motion to amend the trial court’s findings of fact and conclusions of law is not appealable. Lamprey v. St. Paul & Chicago Ry. Co., 86 Minn. 509, 515 , 91 N. W. 29 , and cases cited.

Appeal dismissed.

How later courts describe this case

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

Cited by 6 cases

View all citing references →
1912: 11919: 11925: 11926: 11930: 11969: 119122026peak 1912 · 1

Relies on it most ⓘ

  1. Desaman v. Butler Bros.136 N.W. 747 (Minn. 1912)
  2. Carlson v. Stafford208 N.W. 413 (Minn. 1926)
  3. Cucchiarella v. Kolodzieg166 N.W.2d 100 (Minn. 1969)
  4. Rees v. Nash171 N.W. 781 (Minn. 1919)
  5. Taylor v. Chicago Great Western Railroad203 N.W. 434 (Minn. 1925)
  6. Rieke v. St. Albans Land Co.229 N.W. 557 (Minn. 1930)

Most recent

  1. Cucchiarella v. Kolodzieg166 N.W.2d 100 (Minn. 1969)
  2. Rieke v. St. Albans Land Co.229 N.W. 557 (Minn. 1930)
  3. Carlson v. Stafford208 N.W. 413 (Minn. 1926)
  4. Taylor v. Chicago Great Western Railroad203 N.W. 434 (Minn. 1925)
  5. Rees v. Nash171 N.W. 781 (Minn. 1919)
  6. Desaman v. Butler Bros.136 N.W. 747 (Minn. 1912)

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 4

DepthCaseCited by
St. Anthony Falls Bank v. Graham, 69 N.W. 1077 (Minn. 1897) 24
Lamprey v. St. Paul & Chicago Ry. Co., 91 N.W. 29 (Minn. 1902) 11
Croft v. Miller, 4 N.W. 45 (Minn. 1879) 10
Ryan v. Kranz, 25 Minn. 362 (1879) 4

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