Hawke v. Deuel
Supreme Court of Minnesota
This was a Writ of Error to the District Court of Ramsey County, to review a judgment entered in said Court, by virtue of the order appealed from, in the case of Deuel, Appellant, against Hawke, Respondent, decided at this term (ante page 50). The judgment referred to, simply adjudged that the demurrer be overruled with costs to be taxed.
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This was a Writ of Error to the District Court of Ramsey County, to review a judgment entered in said Court, by virtue of the order appealed from, in the case of Deuel, Appellant, against Hawke, Respondent, decided at this term (ante page 50). The judgment referred to, simply adjudged that the demurrer be overruled with costs to be taxed. The Plaintiff below, moves to dismiss the writ in this Court, on the ground that such judgment is not such a final judgment as can be reviewed by this Court. The facts will be fully-understood by reference to the opinion of Mr. Justice Elandrau.
1Opinion of the Court
By the Oowrt.
I. Atwater, J.
This was a Writ of Error issued, to the District Court of Eamsey County, in the same action in which the Defendant in Error brought appeal to this Court, and which was argued at this term. The facts appear in the opinion of this Court, filed upon the decision of that appeal, and it is unnecessary here to repeat them. Judgment was entered by the Clerk upon that order on the first day of January, 1858, and the Defendant below, thereupon? obtains a Writ of Error to review the judgment and previous proceedings. This Court having held that order erroneous, and reversed…
2Cited by1 opinion
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