Vokich v. Inland Coal & Dock Co.
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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 1964, among the opinions in this site’s citation index.
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Cases that cite this one
1 later published case cites this decision.
- Kearns v. Julette Originals Dress Co. (Minn. 1964)
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
This is a motion to discharge the writ of certiorari issued out of this court to review an order of the industrial commission denying relators’ motion to dismiss an appeal to the commission taken by the respondent-employe from a referee’s decision denying compensation. The notice of appeal was served within the time fixed by the statute.
Certiorari may issue out of this court to review any award or dis-allowance of compensation or an “order involving the merits of the case or any part thereof made by the commission, * * *” 1 Mason Minn. St. 1927, § 4320. Relators seek to have the order of the commission reviewed upon the theory that it involves the merits of the case or a part thereof. The order of the commission does not in *434 volve the merits of the case or any part thereof. This is settled by our decisions holding that an order denying a motion to dismiss an appeal does not involve the merits of the action nor determine the action, but on the contrary is a refusal to determine it in that way. In Rabitte v. Nathan, 22 Minn. 266, we held that an order of the district court denying a motion to dismiss an appeal from a judgment of the probate court did not involve the merits of the action or any part thereof. Accord: Minnesota Central R. Co. v. Peterson, 31 Minn. 42, 16 N. W. 456; Kelly v. Hopkins, 72 Minn. 258, 75 N. W. 374; State ex rel. School District v. County of Lincoln, 129 Minn. 300, 152 N. W. 541; State ex rel. Klemer v. District Court, 132 Minn. 100, 155 N. W. 1057. See Rutz v. Tennant & Hoyt Co. 191 Minn. 227, 253 N. W. 665; Gumilla v. Industrial Acc. Comm. 187 Cal. 638, 203 P. 397; Marland Refining Co. v. Bivins, 135 Okl. 14, 273 P. 213.
The motion to discharge the writ of certiorari is granted.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.