Public-domain · open source
OpenJurist

110 Minn. 472

Stromme v. Rieck

Supreme Court of Minnesota

Decided April 22, 1910

Supreme Court of Minnesota · decided 1910-04-22

Action in the district court for Hennepin county for specific performance of a written agreement for the exchange of land and to recover $1,000 damages. After the decision of the former appeal (see 107 Minn. 177, 119 N. W. 948) plaintiff moved the trial court for leave to file a supplemental complaint. From an order, Brooks, J., granting the motion, defendant Gustav Rieck appealed.

Relies on Manwaring v. O'Brien · Hanley v. Board of County Commissioners · City of Winona v. Minnesota Railway Construction Co.

Good law ✅— No negative treatment on recordhow we know

Dismissed · Decided 1910-04-22

How this case has been cited

Cited by 9 later decisions — most recently July 2013

9 state decisions

4019101920193019401950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam.

¶1This is an appeal from an order, made before judgment, granting-leave to file and serve a proposed supplemental complaint. Is such an order appealable? No. An order, made after judgment, allowing an amended or supplemental pleading, is appealable, because it. directly affects the judgment, and is a final order involving the merits, of the action, or some part thereof. North v. Webster, 36 Minn. 99, 30 N. W. 429; Voak v. National Investment Co., 51 Minn. 450, 53 N. W. 708.

¶2If such an order is made before judgment, it may be reviewed on appeal from the judgment, when entered, or on an appeal from an order denying a motion for a new trial, if the order allowing the amended or supplemental pleading was made on the trial as a part thereof, but no appeal lies from such order made before judgment. City of Winona v. Minn. R. C. Co., 25 Minn. 328; Manwaring v. O’Brien, 75 Minn. 542, 78 N. W. 1; Hanley v. Board of Commrs.. of Cass County, 87 Minn. 209, 91 N. W. 756.

¶3Appeal dismissed.

/110/minn/472 · .json · Public domain