Hoffman v. Mann

Decided January 15, 1866

Supreme Court of Minnesota · decided 1866-01-15

This action was commenced in the District Court tor Good-hue county. An appeal is taken to this Court, from an order of the Judge, at chambers, granting a preliminary injunction upon an ex parte application of plaintiff’s, upon their duly verified complaint. Is this an appealable order ? Appellant affirms that it is, for the following reasons : 1. Such is the literal reading and rendering of the words of the statute.

Cited by 2 later decisions — most recently January 1893

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1866-01-15

View the full empirical analysis of this case →

¶1By the Oourt

Wilson, Oh. J.

¶2The plaintiffs, on their duly verified complaint, applied, ex parte, to the the Judge of the First Judicial District, at chambers, for a preliminary injunction, which was allowed, and from the order of allowance the defendants appeal to this court.

¶3The question meets us m limme, whether the appeal is authorized by our law, and we think it is clear that it is not. Sec. 11, of Chap. 11, Comp. Stat., (as amended by laws of 1861,) which is relied upon as allowing an appeal in such cases, we think refers to and authorizes appeals only from the judgment or order of a court. The provision of that section, that “ an appeal may be taken to the Supreme Court, or brought there from another court, applies to and qualifies each subdivision of the section.

¶4Appeal dismissed.