Minnesota Supreme Court, 1879

Croft v. Miller

Croft v. Miller
Minnesota Supreme Court · Decided December 30, 1879 · Berry
26 Minn. 317; 4 N.W. 45; 1879 Minn. LEXIS 253 (Minnesota Reports)

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.