Minnesota Supreme Court, 1899

Savings Bank v. St. Paul Plow Co.

Minnesota Supreme Court · Decided April 7, 1899 · Ouriam

76 Minn. 7; 78 N.W. 873; 1899 Minn. LEXIS 519 (Minnesota Reports)

Counsel

G. D. & Thos. D. O’Brien, for appellant., Horton d Denegre, for respondents.

Can I rely on this case?

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 1926, among the opinions in this site’s citation index.

Not a substitute for Shepard’s or KeyCite — verify before relying.

See our Terms of Use before relying on these notes. Report an error

Cases that cite this one

5 later published cases cite this decision.

Farmers & Merchants State Bank v. S. J. Groves & Sons Co. (Minn. 1926)
Hostager v. Northwest Paper Co. (Minn. 1910)
Hodge v. Franklin Insurance (Minn. 1910)
Peterson v. Hutchinson (Minn. 1906)
Lamprey v. St. Paul & Chicago Railway Co. (Minn. 1902)

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

PER OURIAM.

This cause was tried without a jury, and the trial court made its findings of fact and conclusions of law in favor of the defendants. Thereupon the plaintiff made a motion to set aside the conclusions of law and for judgment, notwithstanding such conclusions, in favor of the plaintiff. The plaintiff appealed from an order denying the motion, and the defendants moved to dismiss the appeal on the ground that the order is nonappealable. The motion must be granted.

An order denying a motion that the court change its conclusion of law in its decision upon its trial of a cause without a jury is not appealable. Shepard v. Pettit, 30 Minn. 119, 14 N. W. 511. The plaintiff, however, claims that the appeal lies by virtue of Laws 1895, c. 320. Assuming, without so deciding, that this statute applies to a case tried by the court without a jury, still the order in question is not appealable. No appeal lies from an order, under this statute, granting or denying a motion for judgment. St. *8Anthony Falls Bank v. Graham, 67 Minn. 318, 69 N. W. 1077; Oelschlegel v. Chicago G. W. Ry. Co., 71 Minn. 50, 73 N. W. 631.

Appeal dismissed.

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