Larson v. Walker
North Dakota Supreme Court
Appeal from District Court, Barnes County; E. T. Burke, J. Action by E. M. Larson against Myron O. Walker. From an order denying motion to set aside an order dismissing the cause, plaintiff appeals.
1Opinion of the CourtMorgan, C. J.
This is an appeal from an order denying a motion to set aside an order striking 'the cause from the calendar and dismissing the same. The order is not appealable. The appellant contends that it is appealable, in view of the fact that the order is one denying a motion to set aside a previous order made without notice. Conceding that the original order was made without notice, notwithstanding the fact that the order recites that it was made on notice, we are satisfied that the order is nevertheless non-appealable.
Appellant contends that the order is appealable under subdivision 5, chapter 7225,…
2Cases cited4 opinions
- In re WeberNorth Dakota Supreme Court · 1894
- Field v. Great Western Elevator Co.North Dakota Supreme Court · 1896
- Olson v. MattisonNorth Dakota Supreme Court · 1907
- Hanberg v. National BankNorth Dakota Supreme Court · 1899
3Cited by6 opinions
- Burdick v. MannNorth Dakota Supreme Court · 1930
- City of Minot v. Minot Highway Center, Inc.North Dakota Supreme Court · 1963
- Strecker v. RailsonNorth Dakota Supreme Court · 1910
- Union Brokerage Co. v. JensenNorth Dakota Supreme Court · 1945
- Bergen Township v. Nelson CountyNorth Dakota Supreme Court · 1915
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