Legal Opinion

Rogers v. Holyoke

Supreme Court of Minnesota

Decided July 15, 1869PublishedCited by 2 opinions

This case presents the same question of practice as that of Lamí) vs. MeGanna, immediately preceding. Issue was joined in the action, and a motion was made by defendant in the district court for Ramsey county, for judgment upon the pleadings, which was granted. The defendant appealed to this court from the order granting such motion ; and the plaintiff, in this court, moves that the appeal be dismissed.

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This case presents the same question of practice as that of Lamí) vs. MeGanna, immediately preceding. Issue was joined in the action, and a motion was made by defendant in the district court for Ramsey county, for judgment upon the pleadings, which was granted. The defendant appealed to this court from the order granting such motion ; and the plaintiff, in this court, moves that the appeal be dismissed. I. The court erred in entertaining and granting defendant’s motion for judgment, because— 1. — The statute does not provide for or authorize such a motion. 2. — The defendant having answered,…

1Opinion of the Court

By the Court.

GileillaN, Oh. J.

This is an appeal from an order made on the trial of the action, granting a motion for judgment on the pleadings. The court has decided, in the case of Lamb vs. McCanna, ante, p. 513, that an appeal will not lie from such an order. The appeal is dismissed.

2Cited by2 opinions

  1. Croft v. MillerSupreme Court of Minnesota · 1879
  2. United States Savings, Loan & Building Co. v. AhrensSupreme Court of Minnesota · 1892

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