Lovering v. Webb Publishing Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county for a complete accounting between plaintiff and defendant, for the purpose of ascertaining the true and accurate number of all copies of the “Mail Order Monthly” printed by defendant between January 1, 1903, and April 1, 1908. After order overruling the demurrer to the complaint was sustained upon the former appeal (106 Minn. 62), defendant moved to make the complaint more definite.
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Action in the district court for Ramsey county for a complete accounting between plaintiff and defendant, for the purpose of ascertaining the true and accurate number of all copies of the “Mail Order Monthly” printed by defendant between January 1, 1903, and April 1, 1908. After order overruling the demurrer to the complaint was sustained upon the former appeal (106 Minn. 62), defendant moved to make the complaint more definite. Erom an order, Kelly, J., directing that plaintiff make his amended complaint more definite and certain in the respects stated in the first paragraph of the second…
1Opinion of the Court
On April 16, 1909, the following opinion was filed:
2Per curiam
On defendant’s motion the court below made an order requiring plaintiff to make his complaint more definite and certain in certain respects, and that in default thereof the complaint be stricken out. Plaintiff appealed, and defendant moves to dismiss the appeal, on the ground that the order is not appealable.
The motion is denied. The order is in effect one striking out the complaint, and not only “involving the merits of the action or some part thereof,” but also “determines the action, and prevents a judgment from which an appeal might be…
3Cases cited8 opinions
- American Book Co. v. Kingdom Publishing Co.Supreme Court of Minnesota · 1898
- Flood v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1908
- Vermilye v. VermilyeSupreme Court of Minnesota · 1884
- Pugh v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1882
- State v. O'BrienSupreme Court of Minnesota · 1901
3 more not listed; retrieve them via the Exa API.
4Cited by10 opinions
- Stimson v. StimsonNorth Dakota Supreme Court · 1915
- Kokesh v. City of HopkinsSupreme Court of Minnesota · 1976
- Lowe v. NixonSupreme Court of Minnesota · 1927
- Baer v. Waseca Milling CompanySupreme Court of Minnesota · 1919
- Wade v. Citizens State BankSupreme Court of Minnesota · 1924
5 more not listed; retrieve them via the Exa API.