Legal Opinion

Cummings v. Heard

Supreme Court of Minnesota

Decided November 15, 1858PublishedCited by 1 opinion

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

  1. St. Paul Division No. 1, Sons of Temperance v. BrownSupreme Court of Minnesota · 1864

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API