Minnesota Supreme Court, 1885

Thorp v. Lorenz

Thorp v. Lorenz
Minnesota Supreme Court · Decided December 12, 1885
34 Minn. 350; 25 N.W. 712; 1885 Minn. LEXIS 244 (Minnesota Reports)

Counsel

D. M. Thorp and T. M. Quarton, for appellant., M. M. Madigan, for respondent.

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(as of 9/30/2026)

Last cited by a Minnesota appellate court in 1967, among the opinions in this site’s citation index.

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Thorp v. Lorenz

Cases that cite this one

12 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

By the Court.

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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.