State Ex Rel. Gresham v. Delaney
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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 1995, among the opinions in this site’s citation index.
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Cases that cite this one
4 later published cases cite this decision.
- Winnetka Partners Ltd. Partnership v. County of Hennepin (Minn. 1995)
- Shema v. Thorpe Bros. (Minn. 1953)
- Quevli v. First National Bank of Windom (Minn. 1948)
- State Ex Rel. Gresham v. Delaney (Minn. 1942)
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
Denied a jury trial by respondent, a justice of the peace, appellant brought mandamus to compel its allowance, asserting that *520 all statutory precedents to a jury trial had been fulfilled. Upon the return day, the trial judge granted respondent’s motion for judgment on the pleadings, denied a similar motion of appellant, and dismissed the alternative writ. The basis was that respondent’s decision, being a judicial judgment, could not be questioned in a mandamus proceeding, but was open to attack only by appeal to the municipal court, where the alleged error could be reviewed. A motion to vacate this order was denied in a subsequent order, which also contained a clause quashing and dismissing the alternative writ.
The appeal must be dismissed. The first order made in this proceeding granted respondent’s and denied appellant’s motion for judgment on the pleadings and dismissed the alternative writ of mandamus. Such order is not appealable. State ex rel. Quale v. Penney, 144 Minn. 463, 174 N. W. 611. Ordinarily, an order denying a motion to vacate a nonappealable order does not acquire an appealable status. Brown v. Minnesota Thresher Mfg. Co. 44 Minn. 322, 46 N. W. 560; see Security State Bank v. Brecht, 150 Minn. 502, 504, 185 N. W. 1021. An order refusing to vacate an order granting judgment on the pleadings is within the general rule. Lockwood v. Bock, 46 Minn. 73, 48 N. W. 458.
Appeal dismissed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.