Ryan v. Kranz

Supreme Court of Minnesota

Ryan v. Kranz

25 Minn. 362, 1879 Minn. LEXIS 7

CourtSupreme Court of Minnesota

DecidedJanuary 10, 1879

StatusPublished

Cited by4 cases

This text of 25 Minn. 362 (Ryan v. Kranz) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ryan v. Kranz, 25 Minn. 362, 1879 Minn. LEXIS 7 (Mich. 1879).

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Opinion

Berry, J.

This case was tried by the district court without a jury. As conclusions of law, the court finds “that the plaintiff is not entitled to recover, and that the defendant is entitled to judgment against the plaintiff for his costs and disbursements, ” adding the words: “Let judgment be entered accordingly.” This direction is a part of the “decision” of the court, within the evident meaning of Gen. St. c. 66, § 226.. It is not an order involving the merits, or any part thereof,, within the meaning of Gen. St. c. 86, § 8, subd. 3, relating-to appeals in civil actions. It is merely a direction that an act be done which does involve the merits, to wit, that judgment be entered. It is, therefore, not appealable. Von Glahn v. Sommer, 11 Minn. 132 (203;) Lamb v. McCanna, 14 Minn. 513; Searles v. Thompson, 18 Minn. 320.

Appeal dismissed.

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Berry, J.

This case was tried by the district court without a jury. As conclusions of law, the court finds “that the plaintiff is not entitled to recover, and that the defendant is entitled to judgment against the plaintiff for his costs and disbursements, ” adding the words: “Let judgment be entered accordingly.” This direction is a part of the “decision” of the court, within the evident meaning of Gen. St. c. 66, § 226.. It is not an order involving the merits, or any part thereof,, within the meaning of Gen. St. c. 86, § 8, subd. 3, relating-to appeals in civil actions. It is merely a direction that an act be done which does involve the merits, to wit, that judgment be entered. It is, therefore, not appealable. Von Glahn v. Sommer, 11 Minn. 132 (203;) Lamb v. McCanna, 14 Minn. 513; Searles v. Thompson, 18 Minn. 320.

Appeal dismissed.

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Bluebook (online)

25 Minn. 362, 1879 Minn. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryan-v-kranz-minn-1879.

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