Doran v. Kennedy
Supreme Court of Minnesota
Action in the district court for Koochiching county to determine adverse claims to certain real estate. The case was submitted upon the pleadings, and the admissions made by both parties in open court, to Stanton, J., who, disregarding the form of plaintiff’s motion for judgment on the pleadings and determining the action on the merits, made findings and as conclusion of law found that plaintiff was the owner of the premises, but did not add any order for judgment.
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Action in the district court for Koochiching county to determine adverse claims to certain real estate. The case was submitted upon the pleadings, and the admissions made by both parties in open court, to Stanton, J., who, disregarding the form of plaintiff’s motion for judgment on the pleadings and determining the action on the merits, made findings and as conclusion of law found that plaintiff was the owner of the premises, but did not add any order for judgment. From the “order” granting motion for judgment on the pleadings, “with the admissions as to the pleadings,” in favor of plaintiff,…
1Per curiam
Action to determine adverse claims to land in Koochiching county. On the trial certain admissions were made, and plaintiff moved for judgment on the pleadings and admissions. This motion was taken under advisement by the trial court, and on September 30, 1911, findings of fact and conclusions of law in plaintiff’s favor were made and filed. No motion for a new trial was made and no judgment entered. This appeal was taken from the “order” of September 30. It is entirely clear that the order or decision of the trial court was not appeal-able. Though no motion was made to dismiss the appeal, and…
2Cited by1 opinion
- Holliston v. ErnstonSupreme Court of Minnesota · 1913