Baer v. Waseca Milling Company
Supreme Court of Minnesota
Action in the district court for Ramsey county to compel defendant to transfer certain shares of stock upon its books and to issue to plaintiff new certificates therefor. Plaintiff’s motion for an order requiring the answer to be made more definite and certain and the by-laws referred to therein to be set out in full, as well as the date thereof, was granted by Michael, J. Respondent’s motion to dismiss the appeal was denied.
1Opinion of the Court
2 Reported in 171 N.W. 767, 173 N.W. 401. On plaintiff's motion the court made an order requiring defendant to make its answer more definite and certain by setting out in words or substance the by-laws under which it asserted a lien on the capital stock in controversy. Defendant appealed from this order, and plaintiff moves to dismiss the appeal on the ground that the order is not appealable.
An order refusing to require a pleading to be made more definite and certain is not appealable. American Book Co. v. Kingdom Pub. Co. 71 Minn. 363, 73 N.W. 1089; State v. O'Brien,83 Minn. 6, 85 N.W. 1135.…
2Cases cited5 opinions
- American Book Co. v. Kingdom Publishing Co.Supreme Court of Minnesota · 1898
- Lipman v. BechhoeferSupreme Court of Minnesota · 1918
- Lovering v. Webb Publishing Co.Supreme Court of Minnesota · 1909
- State v. O'BrienSupreme Court of Minnesota · 1901
- Baer v. Waseca Milling CompanySupreme Court of Minnesota · 1919
3Cited by7 opinions
- Ginsberg v. WilliamsSupreme Court of Minnesota · 1965
- Sanders v. Pacific Gamble Robinson Co.Supreme Court of Minnesota · 1957
- Alho v. SterlingSupreme Court of Minnesota · 1963
- Hart v. Lincoln National Life InsuranceSupreme Court of Minnesota · 1919
- Simos v. ClarkSupreme Court of Minnesota · 1926
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