Van Vlissingen v. Oliver
Supreme Court of Minnesota
Action in justice court in the city of Moorhead for forcible entry and unlawful detainer. At the time of hearing the motion for change of venue, as mentioned in the opinion, was made and denied. From the judgment of dismissal the plaintiff appealed to the district court for ■Clay county. The appeal was dismissed, Baxter, J. From the judgment of dismissal, plaintiff appealed. Reversed and remanded.
1DissentLewis, J.
“The remedy provided for by this chapter is summary in its nature, and the mode of proceeding is of the essence of it.” Gray v. Hurley, 28 Minn. 388, 10 N. W. 417. Judgment entered upon dismissal may be a final judgment, from which an appeal will lie, in other civil actions; but that rule of law has no application to the chapter under consideration. No appeal is provided from an interlocutory' order, nor from a judgment, except as provided by section 4044, R. L. 1905, and that is upon the merits. This court has always aimed to preserve the integrity of the remedy. In Spooner v. French, 22…
2Cases cited3 opinions
- Gray v. HurleySupreme Court of Minnesota · 1881
- Spooner v. FrenchSupreme Court of Minnesota · 1875
- Hennessey v. PedersonSupreme Court of Minnesota · 1881