State v. O'Brien
Supreme Court of Minnesota
Action in tbe district court for Swift county against defendant O’Brien and bis sureties to recover tbe penalty of a bond given to secure a license to sell intoxicating liquor. From an order, Qvale, J., denying defendants’ application to have tbe complaint made more definite, defendants appealed.
1Per curiam
Appeal from an order denying a motion to make tbe complaint more definite and certain. Plaintiff’s counsel claims tbe order is nonappealable and moves to dismiss. In American Book Co. v. Kingdom Pub. Co., 71 Minn. 363, 73 N. W. 1089, we expressly disapprove tbe rule laid down in Pugb v. Winona & St. P. R. Co., 29 Minn. 390, 13 N. W. 189, as to tbe appealability of sucb an order, and with a clear intimation that it would not be thereafter followed. We now expressly overrule tbe Pugb case, and bold that, as such an order relates to a matter of procedure and may be reviewed on an appeal from tbe…
2Cases cited2 opinions
- American Book Co. v. Kingdom Publishing Co.Supreme Court of Minnesota · 1898
- Pugh v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1882
3Cited by7 opinions
- Lundblad v. EricksonSupreme Court of Minnesota · 1930
- Lowe v. NixonSupreme Court of Minnesota · 1927
- Johnson v. Great Northern Railway Co.North Dakota Supreme Court · 1903
- Lovering v. Webb Publishing Co.Supreme Court of Minnesota · 1909
- Baer v. Waseca Milling CompanySupreme Court of Minnesota · 1919
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