National Albany Exchange Bank v. Cargill
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Henne-pin county, Rea, J., presiding, denying a motion that the answer be stricken out as sham, and for judgment.
1Opinion of the CourtGilfillan, C. J.
This is an appeal from an order denying plaintiff’s motion to strike out the answer as sham, and for judgment notwithstanding the same, as for want of an answer. The answer consisted of denials. The respondents insist that the order is not appealable. If it be appealable, it is under Gen. St. 1878, c. 86, § 8, subsec. 3, providing an appeal “from an order involving the-merits of the action or some part thereof.” Such an order has been defined to be one “which passes upon and- determines the positive legal rights of either party,”—Piper v. Johnston, 12 Minn. 27, (60;)—that is, passes upon “the…
2Cases cited4 opinions
- Lamberton v. WindomSupreme Court of Minnesota · 1867
- Jaeger v. HartmanSupreme Court of Minnesota · 1868
- Vermilye v. VermilyeSupreme Court of Minnesota · 1884
- Rice v. First Division of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1878
3Cited by7 opinions
- Allen v. City of DavenportSupreme Court of Iowa · 1901
- Ferguson v. JensenNorth Dakota Supreme Court · 1949
- Lowe v. NixonSupreme Court of Minnesota · 1927
- LaDuke v. E. W. Wylie Co.North Dakota Supreme Court · 1950
- Minneapolis Trust Co. v. MenageSupreme Court of Minnesota · 1896
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