Cummings v. Heard
Supreme Court of Minnesota
This was an appeal from an order of the District Court of Ramsey County, sustaining a demurrer. The appeal was dismissed, and the points made by counsel on the argument of the cause, were not considered in this Court.
1Opinion of the Court
By the Court.
Flandbau, J.
This is an appeal from a decision made by the District Court of the second District in Ramsey County, under the Territory, sustaining a demurrer to part of the Defendant’s answer. The Plaintiff moves the Court to dismiss the appeal, on the ground that the decision or order of the Court below is not an appealable one.
The decision of a démurrer has always been held to be a judgment, and as such, it was necessary to perfect it before an appeal would lie from it. The Statute of Minnesota, R. S., p. 414. sec. 11, which provides what judgments and orders are appealable to…
2Cited by1 opinion
- St. Paul Division No. 1, Sons of Temperance v. BrownSupreme Court of Minnesota · 1864