Marty v. Ahl
Supreme Court of Minnesota
APPEAL FROM AN ORDER OE THE DISTRICT COURT OF WASHINGTON county. Points and authorities of Appellant: First. — The order appealed from is appealable under Sudd. 3, Seo. 11, p. 621 Oomp. Stat. Under tbe order made by Judge Yanderburgb, tbe Defendant bad at the time of making tbe order appealed from, tbe right to answer and defend tbe action and bave tbe cause tried on its merits. His right was a definite, fixed, legal right, of which tbe order appealed from deprived him.
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APPEAL FROM AN ORDER OE THE DISTRICT COURT OF WASHINGTON county. Points and authorities of Appellant: First. — The order appealed from is appealable under Sudd. 3, Seo. 11, p. 621 Oomp. Stat. Under tbe order made by Judge Yanderburgb, tbe Defendant bad at the time of making tbe order appealed from, tbe right to answer and defend tbe action and bave tbe cause tried on its merits. His right was a definite, fixed, legal right, of which tbe order appealed from deprived him. It therefore “ involved tbe merits or some part thereof.” 4 How. Hr. Hep. 313, Whitney vs. Whitney; 7 do 78, Harbans vs.…
1Opinion of the Court
By the-Court
FuaNDbau, J.
A brief statement of the-facts- in this case is essential to the clear discussion- of the points • involved. A judgment was obtained by the Plaintiffs against the Defendants in the county of "Washington, 1st District',,on. the 21st day of May, 18©9». On the 14th day of August, 1S60¡. more than a year after the entry of the judgment, the Defend-i-ant desiring.to- open the same and be let in to answer,, prepared a set of papers for a motion to that end, and then made; an application to- Judge Yanderburgh, of the 4th District, fox? an order to show cause why the motion…
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