In Re Estate of Stevens

Loring, Chief Justice.

This case comes before us upon a motion by plaintiff to dismiss the appeal, which is from an order granting a motion for a new trial made before the entry of judgment in the cause. As authority for the appealability of the order, the defendant cites Ayer v. C. M. St. P. & P. R. Co. 189 Minn. 359, 249 N. W. 581; Kruchowski v. St. Paul City Ry. Co. 195 Minn. 537, 263 N. W. 616, 265 N. W. 303, 821; Vasatka v. Matsch, 216 Minn. 530, 13 N. W. (2d) 483. In all these cases, the motion for new trial was made after judgment, and the order granting it was held to be appealable…