Long v. Mutual Trust Life Insurance

1 Reported in 253 N.W. 762. Appeal from an order striking a complaint as sham and dismissing plaintiff's action. Only two questions are presented:(1) Is the foregoing order an appealable order? (2) Has the trial court power to strike a complaint as sham?

1. It is settled law that plaintiff cannot appeal from that part of the order dismissing her action, for an appeal will not lie from an order of dismissal but only from the judgment entered pursuant thereto. Thorp v. Lorenz, 34 Minn. 350,25 N.W. 712; Gottstein v. St. Jean, 79 Minn. 232, 82 N.W. 311. But the part of the order striking the…