Rabitte v. Nathan
Supreme Court of Minnesota
Appeal by Nathan from an order of the district court for Scott county, Hanscome, J., presiding, (sitting for the judge of the eighth district,) denying a motion to dismiss an appeal from a judgment of the probate court of that county, admitting a will to probate.
1Opinion of the CourtGileillan, C. J.
This case came into the district court upon an appeal from a decree of the probate court of Scott county. The appellant here made a motion in the district court to dismiss the appeal to that court, and from the *267order denying that motion appealed to this court. Here the respondent moves to dismiss that appeal.
The effect of the order appealed from was merely to retain the cause in the district court for trial and determination. It does not come within the third sub-division of Gen. St. ch. 86, § 8, which gives an appeal “ from an order involving the merits of the action, or some part thereof,”…
2Cited by5 opinions
- Plano Manufacturing Co. v. KaufertSupreme Court of Minnesota · 1902
- State v. RiebelSupreme Court of Minnesota · 1926
- State ex rel. School District No. 74 v. County of LincolnSupreme Court of Minnesota · 1915
- Gurney v. City of St. PaulSupreme Court of Minnesota · 1886
- Vokich v. Inland Coal & Dock Co.Supreme Court of Minnesota · 1938