Minnesota Supreme Court, 1915

Itasca Cedar & Tie Co. v. McKinley

Itasca Cedar & Tie Co. v. McKinley
Minnesota Supreme Court · Decided May 14, 1915
129 Minn. 536; 152 N.W. 653; 1915 Minn. LEXIS 762 (Minnesota Reports)

Counsel

Fryberger, Fulton & Spear, for appellant., H. L. & J W. Schmitt and Kerr, Fowler, Schmitt & Furber, for respondent.

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Itasca Cedar & Tie Co. v. McKinley

Cases that cite this one

7 later published cases cite this decision.

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Opinion of the Court

Per Curiam.

Upon a former appeal in this ease a new trial was granted. Itasca Cedar & Tie Co. v. McKinley, 124 Minn. 183, 144 N. W. 768. After the case had been remanded, plaintiff made an application to file an amended and supplemental complaint. This application was denied by the trial court, and plaintiff appealed from the order denying it. It is well settled that such an order, made before judgment, is not appealable. Hanley v. Board of Co. Commrs. of Cass County, 87 Minn. 209, 91 N. W. 756; Stromme v. Rieck, 110 Minn. 472, 125 N. W. 1021.

It follows that the appeal must be dismissed. So ordered.

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