People's Ice Co. v. Schlenker
Supreme Court of Minnesota
Appeal by plaintiff, People’s Ice Company, from an order of the Municipal Court of the City of St. Paul, Tivohy, J., made September 30, 1891, vacating a judgment, and allowing defendant to answer. The summons in this action was served September 2, 1891, upon the defendant, Amelia Sehlenker, requiring her to answer in ten days, or judgment would be entered. The action was to recover $124.08 for ice sold and delivered.
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Appeal by plaintiff, People’s Ice Company, from an order of the Municipal Court of the City of St. Paul, Tivohy, J., made September 30, 1891, vacating a judgment, and allowing defendant to answer. The summons in this action was served September 2, 1891, upon the defendant, Amelia Sehlenker, requiring her to answer in ten days, or judgment would be entered. The action was to recover $124.08 for ice sold and delivered. Immediately after the service of the summons, defendant employed an attorney to defend the action. The attorney neglected to examine the summons, and supposed the action was…
1Opinion of the CourtMitchell, J.
1. That an order vacating a judgment is appeal-able as “an order involving the merits of the action” is no longer an open question in this court. A final judgment determines the rights of the parties to the action, and any order which vacates or modifies it necessarily affects the legal rights of the party in whose favor it is, and hence “involves the merits of the action.” Holmes v. Campbell, 13 Minn. 66, (Gil. 58;) Chisago Co. v. St. Paul & Duluth R. Co., 27 Minn. 109, (6 N. W. Rep. 454.)
Our fieports abound in cases where the appealability of such an order has been recognized, and anything…
2Cases cited5 opinions
- County of Chicago v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1880
- Frankoviz v. SmithSupreme Court of Minnesota · 1886
- Holmes v. CampbellSupreme Court of Minnesota · 1868
- Westervelt v. KingSupreme Court of Minnesota · 1860
- O'Keefe v. LenfestSupreme Court of Minnesota · 1886
3Cited by34 opinions
- Ginsberg v. WilliamsSupreme Court of Minnesota · 1965
- Metcalf v. LangstonDistrict Court of Appeal of Florida · 1974
- In Re State & Regents Building Asbestos CasesSupreme Court of Minnesota · 1989
- Peterson v. W. Davis & SonsSupreme Court of Minnesota · 1943
- Mayer v. MayerOregon Supreme Court · 1895
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