Minnesota Supreme Court, 1916

Sweeney v. Village of Ellsworth

Sweeney v. Village of Ellsworth
Minnesota Supreme Court · Decided December 1, 1916
135 Minn. 474; 159 N.W. 1067; 1916 Minn. LEXIS 557 (Minnesota Reports)

Counsel

C. D. & R. D. O'Brien, for appellants., A. J. Daley, for respondent.

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 1958, 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

Sweeney v. Village of Ellsworth

Cases that cite this one

6 later published cases cite this decision.

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 Curiam.

Action to recover a reward offered by defendant village for the apprehension and conviction of the murderer or murderers of one Dillehay. De*475fendant answered, setting up a number of defenses. Plaintiff replied to this answer, -and, after an order requiring the reply to be made more definite and certain, served an amended reply. Defendant moved to strike out this amended reply as sham and frivolous. This motion was granted, and plaintiff appealed from the order. Defendant moves to dismiss this appeal, urging two grounds: (1) That the order is not appealable. (2) That the appeal presents a moot question only, because, after the appeal was taken, the case came on for trial in the court below, and was dismissed for want of prosecution.

We do not need to decide whether or not the order is appealable, as it seems clear that the appeal should be dismissed on the second ground urged. While the bond on appeal was in form a supersedeas, it was not approved as required by the statute or at all. It .therefore did not stay further proceedings in the district court, and that court had power to make the order of dismissal. The case having been dismissed, the appeal from the order striking out the reply presents nothing but a moot question.

Appeal dismissed.

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