Minnesota Supreme Court, 1910

Hostager v. Northwest Paper Co.

Minnesota Supreme Court · Decided January 21, 1910

109 Minn. 509; 124 N.W. 213; 1910 Minn. LEXIS 602 (Minnesota Reports)

Counsel

Howard T. Abbott, for appellant., John Jenswold, Jr., for respondent.

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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 1953, among the opinions in this site’s citation index.

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Cases that cite this one

3 later published cases cite this decision.

Caswell v. Minar Motor Co. (Minn. 1953)
Turner v. Crumpton (N.D. 1913)
Carlstrom v. North Star Concrete Co. (Minn. 1916)

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

P.ER CURIAM.

Action to recover damages for the death of plaintiff’s intestate, in which plaintiff had a verdict, and defendant-moved for judgment notwithstanding the verdict, and appealed from an order denying it.

We are confronted at the outset with the fact that the order is not appealable. We have repeatedly held that an order denying a motion for judgment notwithstanding the verdict- is not appealable. Oelschlegel v. Chicago G. W. Ry. Co., 71 Minn. 50, 73 N. W. 631; Savings Bank of St. Paul v. St. Paul Plow Co., 76 Minn. 7, 78 N. W. 873; Kalz v. Winona & St. Peter Ry. Co., 76 Minn. 351, 79 N. W. 310; Sanderson v. Northern Pac. Ry. Co., 88 Minn. 162, 92 N. W. 542, 60 L. R. A. 403, 97 Am. St. 509; Peterson v. Minneapolis St. Ry. Co., 90 Minn. 52, 95 N. W. 751.

A distinction is made between an order based upon an alternative *510motion for judgment or a new trial, and a motion for judgment without the alternative of a new trial, if judgment is denied. This is pointed out in the cases cited. Though the point is not made by plaintiff, the appeal must be dismissed, for it confers no jurisdiction. We have uniformly declined to consider such appeals, even where the parties expressly consent that they may be heard.

Appeal dismissed.

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