Rice v. First Division of the St. Paul & Pacific Railroad
Supreme Court of Minnesota
The defendant appealed in these cases from the order of the court of common pleas for Ramsey county, Hall, J., presiding, denying a motion to strike out portions of the complaints in the several actions. See cases last reported.
1Opinion of the CourtBerry, J.
These are all attempted appeals from orders refusing to strike out certain portions of the complaints in the above entitled actions as irrevelant and redundant Such orders are not appealable. The only ground upon which it is contended that they are appealable is that they involve the merits of the action or some part thereof. If the matter objected to is irrevelant or redundant it has, for that very reason, nothing to do with the merits of the action; that is to say, with the substantial matter in controversy, which is the subject of the action, or with any part thereof. Hence an order…
2Cases cited4 opinions
- Whitney v. Waterman & WhitneyNew York Supreme Court · 1850
- Murphy v. DickinsonNew York Supreme Court · 1870
- Bedell v. SticklesNew York Supreme Court · 1850
- Morehouse v. YeagerThe Superior Court of New York City · 1874
3Cited by2 opinions
- Exley v. BerryhillSupreme Court of Minnesota · 1886
- National Albany Exchange Bank v. CargillSupreme Court of Minnesota · 1888