Legal Opinion

Nikannis Co. v. City of Duluth

Supreme Court of Minnesota

Decided May 21, 1909No. Nos. 16,139—(115)PublishedCited by 6 opinions

An assessment against the lots of appellants having been levied by the board of public works of Duluth for the repaving and improving of a certain street, an appeal from the assessment was taken to the district court for St. Louis county. The matter was heard before Cant, J., who made findings and ordered judgment confirming the assessment. Judgment was entered pursuant to the order.

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An assessment against the lots of appellants having been levied by the board of public works of Duluth for the repaving and improving of a certain street, an appeal from the assessment was taken to the district court for St. Louis county. The matter was heard before Cant, J., who made findings and ordered judgment confirming the assessment. Judgment was entered pursuant to the order. From an order refusing to grant their motion to amend the findings of fact and conclusions of law, and from the order for judgment, the lot owners appealed.

1Per curiam

Appeal from an order for judgment, and also from an order refusing to grant a motion to amend the findings of fact and conclusions of law. An order for judgment is not appealable. Ryan v. Kranz, 25 Minn. 362; Croft v. Miller, 26 Minn. 317, 4 N. W. 45; St. Anthony Falls Bank v. Graham, 67 Minn. 318, 69 N. W. 1077.

An order denying a motion to amend the trial court’s findings of fact and conclusions of law is not appealable. Lamprey v. St. Paul & Chicago Ry. Co., 86 Minn. 509, 515, 91 N. W. 29, and cases cited.

Appeal dismissed.

2Cases cited4 opinions

  1. St. Anthony Falls Bank v. GrahamSupreme Court of Minnesota · 1897
  2. Lamprey v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1902
  3. Croft v. MillerSupreme Court of Minnesota · 1879
  4. Ryan v. KranzSupreme Court of Minnesota · 1879

3Cited by6 opinions

  1. Desaman v. Butler Bros.Supreme Court of Minnesota · 1912
  2. Carlson v. StaffordSupreme Court of Minnesota · 1926
  3. Rieke v. St. Albans Land Co.Supreme Court of Minnesota · 1930
  4. Cucchiarella v. KolodziegSupreme Court of Minnesota · 1969
  5. Rees v. NashSupreme Court of Minnesota · 1919

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