Chouteau v. Parker
Supreme Court of Minnesota
This was an Appeal from an order of the District Court of Ramsey County modifying an order granting a new trial. A motion was made to dismiss the Appeal in this Court, because the order appealed from was not an appealable order. The following are the points and authorities relied upon by the Appellants.: First.
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This was an Appeal from an order of the District Court of Ramsey County modifying an order granting a new trial. A motion was made to dismiss the Appeal in this Court, because the order appealed from was not an appealable order. The following are the points and authorities relied upon by the Appellants.: First. The order of January 31, 1857, modifying the order which set aside the Report of the Referee and granted a new trial, was an order upon a summary application in the action after judgment affecting a substantiated right, and was an appealable order. (See Subd. 6 of Sec. 11, p. 12,…
1Opinion of the Court
By the Court.
C. E. Elandrau. J.
This case was tried before a Referee and a report made for the Plaintiff. The evidence on the part of the Plaintiff on the trial before the Referee, were the depositions of H. M. Rice and R. P. Bruce, two witnesses whose depositions had been taken by stipulation before the Referee before the trial, on the ground that the one ivas about to depart from the Territory, and the other resided at a distance from the place where the cause was to be tried. *121Afterwards an order was made in the case by tbe Judge of tbe District Court, setting aside the report of the Referee…
2Cited by1 opinion
- Holmes v. CampbellSupreme Court of Minnesota · 1868