Myrick v. Pierce
Supreme Court of Minnesota
APPEAL FROM THE DISTRICT COURT OF NICOLLET OOUNTY. The Appellants’ points and authorities do not relate to the motion to dismiss the^appeal. Points and authorities of Eespondent: Fi/rst. — The order is not appealable. 1. The motion was not for a new trial, and was not made for any of tbe reasons stated in tbe Statute, nor bas there ever, been a trial witbin tbe meaning of tbe act allowing appeals from orders granting a new trial.
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APPEAL FROM THE DISTRICT COURT OF NICOLLET OOUNTY. The Appellants’ points and authorities do not relate to the motion to dismiss the^appeal. Points and authorities of Eespondent: Fi/rst. — The order is not appealable. 1. The motion was not for a new trial, and was not made for any of tbe reasons stated in tbe Statute, nor bas there ever, been a trial witbin tbe meaning of tbe act allowing appeals from orders granting a new trial. This was a simple application to open a default addressed to tbe discretion of tbe Judge, and asking to be let in to defend as a matter of favor, and tbe exercise of…
1Opinion of the Court
By the Court
Emmett, C. J.
Tbis case being at issue, and on the calendar for trial in the Court below,.and tbe Defendant having failed to appear and defend at tbe regular term, tbe Plaintiffs took a verdict, and entered judgment for tbe amount thereof, with costs. Tbe judgment was entered in November, 1859, and was afterwards collected on execution. In August, 1860, tbe Court, on tbe application of tbe Defendant, and for cause shown, entered an order u setting aside tbe judgment, opening tbe default, and setting aside tbe verdict of tbe jury.”
Erom tbis order tbe Plaintiffs' appeal, and tbe…
2Cited by3 opinions
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