Legal Opinion
Kramer v. Bennett
Supreme Court of Minnesota
Decided May 4, 1928No. 26,643PublishedCited by 4 opinions
1Per curiam
This is an appeal from an order granting a new trial. Defendants move to dismiss the appeal on the ground that the order is not appealable. The statute provides:
“When an order granting a new trial is based exclusively upon errors occurring at the trial and it is so expressly stated in the order or memorandum of the trial court, an appeal therefrom may be taken but in such case .only.” G. S. 1923, § 9498(4).
In Miller v. County of Steele, 162 Minn. 85, 202 N. W. 68, the trial court, after referring to the admission of two exhibits and an instruction as prejudicial, said:
“ ‘for the reasons…
2Cases cited3 opinions
- Pust v. HoltzSupreme Court of Minnesota · 1916
- Citizens St. Bank of St. Paul v. WadeSupreme Court of Minnesota · 1925
- Miller v. County of SteeleSupreme Court of Minnesota · 1925
3Cited by4 opinions
- Backstrom v. New York Life Insurance Co.Supreme Court of Minnesota · 1932
- Thompson v. Chicago & North Western Railway Co.Supreme Court of Minnesota · 1929
- Cook v. ByramSupreme Court of Minnesota · 1929
- In Re Estate of StevensSupreme Court of Minnesota · 1945