Croft v. Miller

Minnesota Supreme Court
Croft v. Miller, 26 Minn. 317 (Minn. 1879)
4 N.W. 45; 1879 Minn. LEXIS 253
Berry

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Croft v. Miller

Opinion of the Court

Berry, J.

This is, in effect, an appeal from an order of the district court for Nobles county, for judgment against a- garnishee. Gen. St. 1878, e. 66, § 197, enacts that any party to a garnishment proceeding, deeming himself aggrieved by any order or final judgment therein, may remove the same from a district court-to the supreme court, by appeal, in the same cases, in like manner, and with like effect as in a civil action.

That no appeal lies from an order for judgment in a civil action has been settled by several decisions of this court. Lamb v. McCanna, 14 Minn. 513; Rogers v. Holyoke, 14 Minn. 514; Searles v. Thompson, 18 Minn. 316; Ryan v. *318Kranz, 25 Minn. 362; Langdon v. Thompson, 25 Minn. 509; Chesterson v. Munson, ante, p. 303. Though the point of non-appealability is not made by counsel, we cannot overlook it, and the appeal is accordingly dismissed.

Reference

Full Case Name
Josephus Croft v. Aaron P. Miller and others
Cited By
10 cases
Status
Published