Carpenter v. Comfort

Decided April 14, 1876

Supreme Court of Minnesota · decided 1876-04-14

Appeal by defendants from an order of the district court for Benton county, McKelvey, J., presiding, denying their motion for change of place of trial.

Good law ✅— No negative treatment on recordhow we know

Decided 1876-04-14

How this case has been cited

Cited by 9 later decisions — most recently December 1921

9 state decisions

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.

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Gilfillan, C. J.

¶1This is an appeal from an order denying a motion to change the place of trial. Such an order does not involve the merits of the action, or any part thereof, under Gen. St. ch. 86, § 8. If reviewable at all, it must *540be upon an appeal from tbe judgment, (or perhaps from an ■order denying a new trial,) as an order affecting the judgment.

¶2Appeal dismissed.1

¶3 The rule in this case was followed in Benton v. Flynn, decided April 26, 1876. Macdonald 4 Southworth, for appellants; Benton 4 Benton, for respondent.