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County of Renville v. City of Minneapolis

Cnty. of Renville v. City of Minneapolis, 128 N.W. 669 (Minn. 1910)
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Court
Supreme Court of Minnesota · State Highest Courts
Decided
December 9, 1910
Docket
No. 16,729—(91)
Citations
128 N.W. 669112 Minn. 4871910 Minn. LEXIS 916
Disposition
Dismissed.
Headnotes
Order not appealable. An appeal does not lie from an order directing a judgment on the pleadings for defendant. Dismissal on appeal. Where an appeal is taken from a nonappealable order, it -will be dismissed, though the objection is not raised by counsel for respondent.
Summary
Action in the district court for Hennepin county to recover $836.45 for expenses alleged to have been incurred in the care of a certain pauper. The answer denied that defendant was indebted in any sum whatever to plaintiff for the care of the pauper. From an order, Holt, J., granting defendant’s motion for judgment in its favor upon the pleadings and directing that judgment be entered in favor of defendant, plaintiff 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.

This is an appeal from an order directing judgment upon the pleadings in defendant’s favor. The order is not appealable, and this court is therefore without jurisdiction. We could not enter upon a consideration of the merits of this case without overruling a well-established rule, as shown by a long line of decisions of this court. Lamb v. McCanna, 14 Minn. 385 (513) ; Rogers v. Holyoke, 14 Minn. 387 (514); Hodgins v. Heaney, 15 Minn. 142 (185); Lockwood v. Bock, 46 Minn. 73 , 48 N. W. 458 . In U. S. S. L. & B. Co. v. Ahrens, 50 Minn. 332 , 52 N. W. 898 , it was said: “The point is not made by counsel for respondent, but, following the uniform practice of this court under like circumstances, the appeal is hereby dismissed.” See also Gottstein v. St. Jean, 79 Minn. 232 , 82 N. W. 311 .

The appeal is therefore dismissed.

How later courts describe this case

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

1913: 11918: 11919: 11927: 11953: 119132026peak 1913 · 1

Relies on it most ⓘ

  1. Shema v. Thorpe Bros.57 N.W.2d 157 (Minn. 1953)
  2. Lowe v. Nixon212 N.W. 896 (Minn. 1927)
  3. Holliston v. Ernston139 N.W. 805 (Minn. 1913)
  4. Supornick v. National Council of Knights & Ladies of Security170 N.W. 507 (Minn. 1918)
  5. Arnoldy v. Northwestern State Bank172 N.W. 699 (Minn. 1919)

Most recent

  1. Shema v. Thorpe Bros.57 N.W.2d 157 (Minn. 1953)
  2. Lowe v. Nixon212 N.W. 896 (Minn. 1927)
  3. Arnoldy v. Northwestern State Bank172 N.W. 699 (Minn. 1919)
  4. Supornick v. National Council of Knights & Ladies of Security170 N.W. 507 (Minn. 1918)
  5. Holliston v. Ernston139 N.W. 805 (Minn. 1913)

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 5

DepthCaseCited by
Lockwood v. Bock, 48 N.W. 458 (Minn. 1891) 9
Gottstein v. St. Jean, 82 N.W. 311 (Minn. 1900) 8
United States Sav. v. Ahrens, 52 N.W. 898 (Minn. 1892) 3
Cochran v. Toher, 14 Minn. 385 (1869) 33
Dawson v. St. Paul Fire & Marine Ins., 15 Minn. 136 (1870) 16

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