Thorp v. Lorenz
This text of 25 N.W. 712 (Thorp v. Lorenz) 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 on the trial dismissing the action, on the ground that the complaint did not state a cause of action. It has been repeatedly held by this court that an order of this kind is not appealable. Rogers v. Holyoke, 14 Minn. 387, (514;) Lamb v. McCanna, 14 Minn. 385, (513;) Searles v. Thompson, 18 Minn. 285, (316.) The plaintiff should either have moved for a new trial and appealed from the order refusing it, or else caused judgment of dismissal to have been entered, and then appealed from the judgment.
Appeal dismissed.
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Cite This Page — Counsel Stack
25 N.W. 712, 34 Minn. 350, 1885 Minn. LEXIS 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thorp-v-lorenz-minn-1885.