Johnson v. Giese
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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 1976, 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.
- Evenrud v. PARK & REC. BD. OF CITY OF MPLS. (Minn. 1976)
- Weinzierl v. Lien (Minn. 1973)
- Johnson v. Giese (Minn. 1952)
- Johnson v. Giese (Minn. 1950)
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
This case comes here on an appeal from an order denying defendant Anton A. Giese’s motion to amend the findings, conclusions of law, and order for judgment. •
The order is nonappealable, unless it falls, as contended by appellant, within M. S. A. 558.215, which provides for appeals from any order or interlocutory judgment made and entered pursuant to §§ 558.04, 558.07, 558.14, or 558.21, relating to partition proceedings.
In the case at bar, brought to partition real estate, defendants counterclaimed for reformation of certain instruments affecting the title, and the order appealed from concerns only the counter *186 claim and expressly excludes from its terms the partition proceeding. Careful examination of the sections above cited, relating to partition, discloses that the order appealed from does not fall within the terms of any one of them. Therefore, respondents’ contention that the order appealed from is not appealable should be sustained.
Appeal dismissed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.