Shema v. Thorpe Bros.

Plaintiffs appeal from an order of the district court granting defendant’s motion for summary judgment under Rule 56 of Rules of Civil Procedure. Defendant moves to dismiss the appeal.

Plaintiffs concede that this court’s jurisdiction as to appeals is limited to those instances set forth in M. S. A. 605.09. However, they contend that an order for summary judgment is an adjudication of the merits and therefore an appealable order under § 605. 09(3) which provides that an appeal may be taken:

“From an order involving the merits of the action or some part thereof;”

This court has consistently held…