Davidson v. Owens
Supreme Court of Minnesota
APPEAL EEOM THE DISTRICT COURT OF RAMSEY COUNTY. Statement of case: Appeal from an order vacating and setting aside an attachment. At tbe last term of this Court, tbe appeal was dismissed, on tbe ground that tbe old Supreme Court bad decided tbe question. Tbe Appellant now moves for a re-argument.
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APPEAL EEOM THE DISTRICT COURT OF RAMSEY COUNTY. Statement of case: Appeal from an order vacating and setting aside an attachment. At tbe last term of this Court, tbe appeal was dismissed, on tbe ground that tbe old Supreme Court bad decided tbe question. Tbe Appellant now moves for a re-argument. Points and authorities of Appellant: Tbe case on wbicb tbe Court relied is that of Humphrey vs. Hezlep, Isi Mmn. 239. It was decided on tbe old Statute in relation to appeals, Rev. S.,p. 414, and three months before tbe passage of tbe law of 1866, under wbicb tbe appeal in this case was taken. Lams…
1Opinion of the Court
By the Gourtr
'EimsiT, C. J.
At the last July term, the Respondents moved to dismiss the appeal in this case, on the ground that an order vacating a writ of attachment was not an appealable order; and on the authority of the case of Humphrey vs. Hezlep, 1 Minn. Rep. 239, the appeal was dismissed. The Appellant now moves for a re-hearing, and brings to our notice an amendment to the Statute concerning appeals to this Court, passed in 1856, which has escaped the vigilance of counsel as well as of the Court. This amendment expressly provides tor an appeal from “ an order granting or refusing a…
2Cases cited1 opinion
- Humphrey v. HezlepSupreme Court of Minnesota · 1856
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