Miller v. County of Steele

Plaintiff recovered a verdict for a balance due upon a drainage contract. Defendant’s motion for a new trial was granted, and plaintiff appeals.

At the outset we are met with the question whether the order is appealable. Subdivision 4, § 8001, GL S. 1918, provides “that when an order granting a new trial is based exclusively upon errors occurring at the trial and it is so expressly stated in the order or memorandum of the trial court, an appeal therefrom may be taken but in such case only.” The order itself does not state why a new trial was granted. However, attached thereto is a memorandum…