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Philadelphia Storage Battery Co. v. Hawley

PHILADELPHIA STORAGE BATTERY COMPANY v. ROBERT HAWLEY AND ANOTHER, ETC.

Philadelphia Storage Battery Co. v. Hawley, 191 N.W. 815 (Minn. 1923)
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Court
Supreme Court of Minnesota · State Highest Courts
Decided
January 26, 1923
Docket
No. 23,223
Citations
191 N.W. 815154 Minn. 5381923 Minn. LEXIS 677

Opinion of the Court

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

PER CURIAM.

Defendants appeal from an order permitting plaintiff to serve and file a reply to their answer, and insist that, in permitting the service of the reply some months after the expiration of the statutory time, the court abused the discretion conferred upon it by section 7786, G. S. 1913.

An order relieving a party from default and granting him leave to interpose an answer or reply, made after the entry of judgment, is appealable, as such orders cannot be reviewed on an appeal from the judgment. But such orders, made before judgment, are not appealable, for they may be reviewed on an appeal from the judgment and therefore are not final *539 upon the merits of the question involved. National A. Exch. Bank v. Cargill, 39 Minn. 477 , 40 N. W. 570 ; Stromme v. Rieck, 110 Minn. 472 , 125 N. W. 1021 ; Minneapolis Trust Co. v. Menage, 66 Minn. 447 , 69 N. W. 224 ; Blied v. Barnard, 130 Minn. 534 , 153 N. W. 305 ; Lovering v. Webb Pub. Co. 108 Minn. 201 , 120 N. W. 688 , 121 N. W. 911 . The order in question having been made 'before the case was brought to trial is not appeal-able, and the appeal must be, and is, dismissed.

How later courts describe this case

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

1927: 11942: 21958: 11966: 119272026peak 1942 · 2

Relies on it most ⓘ

  1. Bolon v. Pennington415 P.2d 148 (Ariz. Ct. App. 1966)
  2. Bredemann v. Bredemann91 N.W.2d 84 (Minn. 1958)
  3. Bergman v. Williams217 N.W. 127 (Minn. 1927)
  4. In re Application of Bonley6 N.W.2d 245 (Minn. 1942)
  5. Bonley v. Rickmire6 N.W.2d 245 (Minn. 1942)

Most recent

  1. Bolon v. Pennington415 P.2d 148 (Ariz. Ct. App. 1966)
  2. Bredemann v. Bredemann91 N.W.2d 84 (Minn. 1958)
  3. In re Application of Bonley6 N.W.2d 245 (Minn. 1942)
  4. Bonley v. Rickmire6 N.W.2d 245 (Minn. 1942)
  5. Bergman v. Williams217 N.W. 127 (Minn. 1927)

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
Lovering v. Webb Publ'g Co., 120 N.W. 688 (Minn. 1909) 10
Stromme v. Rieck, 125 N.W. 1021 (Minn. 1910) 10
Nat'l Albany Exch. Bank v. Cargill, 40 N.W. 570 (Minn. 1888) 7
Minneapolis Trust Co. v. Menage, 69 N.W. 224 (Minn. 1896) 6
Blied v. Barnard, 153 N.W. 305 (Minn. 1915) 4

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