Hoffman v. Mann
Supreme Court of Minnesota
This action was commenced in the District Court tor Good-hue county. An appeal is taken to this Court, from an order of the Judge, at chambers, granting a preliminary injunction upon an ex parte application of plaintiff’s, upon their duly verified complaint. Is this an appealable order ? Appellant affirms that it is, for the following reasons : 1. Such is the literal reading and rendering of the words of the statute. Its language is, “ 2d.
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This action was commenced in the District Court tor Good-hue county. An appeal is taken to this Court, from an order of the Judge, at chambers, granting a preliminary injunction upon an ex parte application of plaintiff’s, upon their duly verified complaint. Is this an appealable order ? Appellant affirms that it is, for the following reasons : 1. Such is the literal reading and rendering of the words of the statute. Its language is, “ 2d. From an order * * * which grafts, refuses or dissolves an injunction(Sess. Laws 1861, p. 133.) This is certainly unambiguous language. Injunctions are…
1Opinion of the Court
By the Oourt
Wilson, Oh. J.
The plaintiffs, on their duly verified complaint, applied, ex parte, to the the Judge of the First Judicial District, at chambers, for a preliminary injunction, which was allowed, and from the order of allowance the defendants appeal to this court.
The question meets us m limme, whether the appeal is authorized by our law, and we think it is clear that it is not. Sec. 11, of Chap. 11, Comp. Stat., (as amended by laws of 1861,) which is relied upon as allowing an appeal in such cases, we think refers to and authorizes appeals only from the judgment or order of a court.…
2Cited by2 opinions
- State ex rel. Norris v. District Court First Judicial DistrictSupreme Court of Minnesota · 1893
- Schurmeier v. First Division St. Paul & Pacific R. R.Supreme Court of Minnesota · 1867