Flood v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Supreme Court of Minnesota
Appeal by defendant Edward S. Wood from an order of the district court for Ramsey county, Hallam, J., that the action was at issue upon the complaint and answer, and not upon defendant’s demurrer, and that the demurrer be stricken from the files. The facts are stated in the opinion.
1Opinion of the CourtStart, C. J.
The defendant Wood appealed from an order of the district court of the county of Ramsey, wherein it was ordered that this action was at issue upon the complaint and answer of the defendant Wood, and not upon his alleged demurrer, and that such demurrer be stricken from the files of the court. The order appealed from is.in effect one striking out the defendant’s alleged demurrer. This is a motion to dismiss the appeal, because the order is not appealable, and on the further ground that, if the order is appealable, the appeal in this case is frivolous.
An order striking out a pleading, or any…
2Cases cited7 opinions
- Cates v. AllenSupreme Court of the United States · 1893
- Ayres v. WiswallSupreme Court of the United States · 1884
- Johnson v. St. Paul City Railway Co.Supreme Court of Minnesota · 1897
- Levinski v. Middlesex Banking Co.Court of Appeals for the Fifth Circuit · 1899
- Vermilye v. VermilyeSupreme Court of Minnesota · 1884
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3Cited by15 opinions
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- Stimson v. StimsonNorth Dakota Supreme Court · 1915
- Torgerson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1924
- Tracy Loan & Trust Co. v. Mutual Life Ins. Co. of New YorkUtah Supreme Court · 1932
- Yarbrough v. BlakeDistrict Court, W.D. Arkansas · 1962
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