Merz v. Oftedal

Otis, Justice.

This matter is before the court on a motion to dismiss the plaintiff’s appeal. The issue is whether the orders here for review are appealable under either or both of the following provisions of Minn. St. 605.09:

“An appeal may be taken to the supreme court:

“(d) From an order involving the merits of the action or some part thereof;

“(h) Except as otherwise provided by statute, from the final order or *402judgment affecting a substantial right made in a special proceeding, provided that the appeal must be taken within the time limited for appeal from an order.”

These proceedings were…