American Book Co. v. Kingdom Publishing Co.
Supreme Court of Minnesota
Appeal by defendants from an order of the district court for Hennepin county, Elliott, J., denying their motion to make the complaint more definite.
1Opinion of the CourtCollins, J.
2
Under the provisions of G. S. 1894, § 5248, defendants moved the court below to make plaintiff’s complaint more definite and certain, and, from an order denying such motion, this appeal was taken.
Such an order was held appealable in Pugh v. Winona, 29 Minn. 390, 13 N. W. 189, and on the authority of that case counsel were justified in appealing. But we take this occasion to say that an order denying such a motion is no more an order involving the merits of the action, or some part thereof, than would be an order requiring that a bill of particulars be made more specific, — an order held…
2Cases cited2 opinions
- Pugh v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1882
- Van Zandt v. S. H. Wood Produce Co.Supreme Court of Minnesota · 1893
3Cited by18 opinions
- Magee v. Trustees of Hamline UniversityDistrict Court, D. Minnesota · 2013
- Moreno v. Crookston Times Printing Co.Supreme Court of Minnesota · 2000
- Stead-Bowers v. LangleyCourt of Appeals of Minnesota · 2001
- Special Force Ministries v. WCCO TelevisionCourt of Appeals of Minnesota · 1998
- Ellsworth v. Martindale-Hubbell Law Directory, Inc.North Dakota Supreme Court · 1936
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