Montee v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county by Matthew P. Montee, as father and for the benefit of his minor son Cecil. Prom an order of the court, denying defendant’s motion for judgment in its favor and upon its own motion granting a new trial, defendant appealed.
1Per curiam
Motion is made to dismiss this appeal on the ground that the order appealed from is not appealable. The point is well taken. After verdict for plaintiff, defendant moved for judgment notwithstanding the verdict. The court made an order denying this motion, but in the same order, the court, upon its own motion, granted a new trial. Appeal is taken from this order. It is well settled that an order denying a motion for judgment is not appealable. It is also well settled that a trial court has jurisdiction to grant a new trial upon its own motion. Bank of Willmar v. Lawler, 78 Minn. 135, 80 N. W.…
2Cases cited5 opinions
- Bank of Willmar v. LawlerSupreme Court of Minnesota · 1899
- Kommerstad v. Great Northern Railway Co.Supreme Court of Minnesota · 1914
- Farris v. KoplauSupreme Court of Minnesota · 1911
- Heide v. LyonsSupreme Court of Minnesota · 1915
- Stebbins v. MartinSupreme Court of Minnesota · 1913
3Cited by2 opinions
- McAlpine v. Fidelity & Casualty Co.Supreme Court of Minnesota · 1916
- Barwald v. ThuetSupreme Court of Minnesota · 1921