United States Savings, Loan & Building Co. v. Ahrens
Supreme Court of Minnesota
Appeal by defendants, John Ahrens and others, from an order of the District Court of Crow Wing County, Holland, J., made September 25, 1891. On the trial of the issues plaintiff moved for judgment on the pleadings. The court granted the motion. On motion of defendants, the court stayed proceedings by plaintiff for forty days. Before this stay expired, and before entry of judgment, and without making any motion for a new trial, defendants appealed to this court.
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Appeal by defendants, John Ahrens and others, from an order of the District Court of Crow Wing County, Holland, J., made September 25, 1891. On the trial of the issues plaintiff moved for judgment on the pleadings. The court granted the motion. On motion of defendants, the court stayed proceedings by plaintiff for forty days. Before this stay expired, and before entry of judgment, and without making any motion for a new trial, defendants appealed to this court. Both parties here submitted briefs on the merits of the questions involved.
1Per curiam
It was held many years ago in Rogers v. Holy olee, 14 Minn. 514, (Gil. 387,) that an order for judgment on the pleadings was nonappealable. See, also, Croft v. Miller, 26 Minn. 317, (4 N. W. Rep. 45,) and cases cited. The point is not made by counsel for respondent, but, following the uniform practice of this court under like circumstances, the appeal is hereby dismissed.
2Cases cited2 opinions
- Croft v. MillerSupreme Court of Minnesota · 1879
- Rogers v. HolyokeSupreme Court of Minnesota · 1869
3Cited by3 opinions
- Gottstein v. St. JeanSupreme Court of Minnesota · 1900
- County of Renville v. City of MinneapolisSupreme Court of Minnesota · 1910
- Minnehaha Driving Park Ass'n v. LeggSupreme Court of Minnesota · 1892