Stromme v. Rieck
This text of 125 N.W. 1021 (Stromme v. Rieck) 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.
Opinion
This is an appeal from an order, made before judgment, granting-leave to file and serve a proposed supplemental complaint. Is such an order appealable? No. An order, made after judgment, allowing an amended or supplemental pleading, is appealable, because it. directly affects the judgment, and is a final order involving the merits, of the action, or some part thereof. North v. Webster, 36 Minn. 99, 30 N. W. 429; Voak v. National Investment Co., 51 Minn. 450, 53 N. W. 708.
If such an order is made before judgment, it may be reviewed on appeal from the judgment, when entered, or on an appeal from an order denying a motion for a new trial, if the order allowing the amended or supplemental pleading was made on the trial as a part thereof, but no appeal lies from such order made before judgment. City of Winona v. Minn. R. C. Co., 25 Minn. 328; Manwaring v. O’Brien, 75 Minn. 542, 78 N. W. 1; Hanley v. Board of Commrs.. of Cass County, 87 Minn. 209, 91 N. W. 756.
Appeal dismissed.
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Cite This Page — Counsel Stack
125 N.W. 1021, 110 Minn. 472, 1910 Minn. LEXIS 1023, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stromme-v-rieck-minn-1910.