Minnesota Supreme Court, 1919

State ex rel. Quale v. Penney

State ex rel. Quale v. Penney
Minnesota Supreme Court · Decided November 21, 1919
144 Minn. 463; 174 N.W. 611; 1919 Minn. LEXIS 763 (Minnesota Reports)

Counsel

C. G. Dosland, O. A. Naplin and Theo. Quale, for appellant., E. M. Stanton, for respondent.

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State ex rel. Quale v. Penney

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

Per Curiam.

The respondent in this a mandamus proceeding moved for judgment on the pleadings. The court filed an order granting the motion and directing judgment to be entered accordingly. Relator appeals from the order. No judgment has been entered. The order is not appealable. In ordinary actions no appeal lies from an order granting or denying a motion for judgment on the pleadings. It is not perceived why a different rule should obtain as to like orders in mandamus proceedings.

The appeal is dismissed.

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