Legal Opinion

Thorp v. Lorenz

Supreme Court of Minnesota

Decided December 12, 1885PublishedCited by 13 opinions

Appeal by plaintiff from an order of the district court for Redwood county, dismissing the action. Respondent moved for a dismissal of the appeal.

1Opinion of the Court

By the Court.

This is an appeal from an order made on the trial dismissing the action, on the ground that the complaint did not state a cause of action. It has been repeatedly held by this court that an order of this kind is not appealable. Rogers v. Holyoke, 14 Minn. 387, (514;) Lamb v. McCanna, 14 Minn. 385, (513;) Searles v. Thompson, 18 Minn. 285, (316.) The plaintiff should either have moved for a new trial and appealed from the order refusing it, or else caused judgment of dismissal to have been entered, and then appealed from the judgment.

Appeal dismissed.

2Cases cited2 opinions

  1. Cochran v. ToherSupreme Court of Minnesota · 1869
  2. Cleveland v. City of St. PaulSupreme Court of Minnesota · 1872

3Cited by13 opinions

  1. In re WeberNorth Dakota Supreme Court · 1894
  2. Kennedy v. Citizens' National BankSupreme Court of Iowa · 1903
  3. Lundblad v. EricksonSupreme Court of Minnesota · 1930
  4. Beatty v. Winona Housing & Redevelopment AuthoritySupreme Court of Minnesota · 1967
  5. Royal Realty Co. v. LevinSupreme Court of Minnesota · 1954

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