Dodge v. Bell
Supreme Court of Minnesota
The plaintiff appeals from an order of the district court for Bam-sey county, Simons, J., presiding, refusing to vacate an order sustaining a demurrer to the complaint and to grant a new trial. The respondent moved to dismiss the appeal.
1Opinion of the CourtGilfillan, C. J.
The defendant demurred to the plaintiff’s complaint, and the demurrer was sustained. The plaintiff then made a motion that the court below vacate the order sustaining the demurrer, and “grant him a new trial.” This motion was denied, and from the order denying it the plaintiff appeals to this court.
The order is not appealable. It is not an order refusing a new trial, within the meaning of the fourth subdivision of section 8, chapter 86, Gen. St. 1878, giving a right of appeal! This subdivision must *383be understood to refer to orders granting or refusing new trials in tbe eases provided by the…
2Cited by14 opinions
- State v. NelsonNew Mexico Supreme Court · 1959
- Commonwealth v. SoderquestMassachusetts Supreme Judicial Court · 1903
- Garden City Feeder Co. v. Commissioner of Internal Rev.Court of Appeals for the Eighth Circuit · 1935
- In Re Guardianship of JausSupreme Court of Minnesota · 1936
- The Wheeling Lake Erie Ry. Co. v. RichterOhio Supreme Court · 1936
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