State v. O'Brien
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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 1934, among the opinions in this site’s citation index.
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Cases that cite this one
7 later published cases cite this decision.
- In re Estate of Firle (Minn. 1934)
- Lundblad v. Erickson (Minn. 1930)
- Lowe v. Nixon (Minn. 1927)
- Morford v. Pyle (S.D. 1927)
- Lovering v. Webb Publishing Co. (Minn. 1909)
- Baer v. Waseca Milling Company (Minn. 1919)
- Johnson v. Great Northern Railway Co. (N.D. 1903)
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
Appeal from an order denying a motion to make tbe complaint more definite and certain. Plaintiff’s counsel claims tbe order is nonappealable and moves to dismiss. In American Book Co. v. Kingdom Pub. Co., 71 Minn. 363, 73 N. W. 1089, we expressly disapprove tbe rule laid down in Pugb v. Winona & St. P. R. Co., 29 Minn. 390, 13 N. W. 189, as to tbe appealability of sucb an order, and with a clear intimation that it would not be thereafter followed. We now expressly overrule tbe Pugb case, and bold that, as such an order relates to a matter of procedure and may be reviewed on an appeal from tbe judgment, if one is obtained against tbe defendants, it is not appealable under our statute. The appeal is dismissed, but without statutory costs.
Appeal dismissed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.