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146 Minn. 478

Layton v. Lee

Supreme Court of Minnesota

Decided August 2, 1920

Supreme Court of Minnesota · decided 1920-08-02

Action in the municipal court of Minneapolis. From, an order, C. L. Smith, J., defendant appealed. Respondent appeared specially for the purposes of the motion only 'and moved that the motion be dismissed.

Cited by 1 later decisions — most recently March 1969

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Motion · Decided 1920-08-02

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Pee Curiam.

¶1In this action of unlawful detainer the municipal court of the city of Minneapolis found defendant guilty and ordered judgment to be entered for restitution. Before the entry of judgment, and without moving for a new trial, defendant appealed from the order made. The notice states that the appeal is to the district court, but the bond filed recites that the appeal. is to this court.

¶2Plaintiff’s motion to dismiss must be granted, for, even were the misnomer of the court appealed to in the notice disregarded, the fact remains that the appeal is from an order for judgment, a nonappealable order.

¶3Appeal dismissed.

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