Kelly v. Hopkins
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Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.
(as of 9/30/2026)
Last cited by a Minnesota appellate court in 1938, among the opinions in this site’s citation index.
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Cases that cite this one
2 later published cases cite this decision.
- Vokich v. Inland Coal & Dock Co. (Minn. 1938)
- McGinty v. Kelley (Minn. 1901)
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
This is an appeal from an order of the district court denying a motion to dismiss the appeal of the administrator of the estate of Frank C. Kelly, deceased, from an order of the probate court refusing to set aside its previous order making an allowance to the appellant as the widow of the deceased. The respondent moves this court to dismiss the appeal, on the ground that such an order is not appealable. The motion must be granted, for an order of the district court refusing to dismiss an appeal is not appealable. It does not involve the merits of the action or any part thereof. It is not an order which, in effect, determines the case and prevents a judgment from which an appeal may be taken, or a final order affecting a substantial right in a special proceeding. See McMahon v. Davidson, 12 Minn. 232 (357); Gurney v. City of St. Paul, 36 Minn. 163, 30 N. W. 661; Exley v. Berryhill, 36 Minn. 117, 30 N. W. 436; Minneapolis Trust Co. v. Menage, 66 Minn. 447, 69 N. W. 224.
Appeal dismissed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.