Ryan v. Kranz

Decided January 10, 1879

Supreme Court of Minnesota · decided 1879-01-10

<p>Order for Judgment is not Appealable. — In this case the court below finds* as conclusions of law, “ that the plaintiff is not entitled to recover, and that the defendant is entitled to judgment against the plaintiff for his costs and disbursements,” adding the words: “Let judgment be-entered accordingly.” Held, that these words are not an order involving the merits, or any part thereof, but a mere direction t-h^t an act be-done which does involve the merits, to wit, that judgment be entered. Such direction is not appealable.</p>

Relies on City of Winona v. Huff · Searles v. Thompson · Lamb v. McCanna

Good law ✅— No negative treatment on recordhow we know

Decided 1879-01-10

How this case has been cited

Cited by 4 later decisions — most recently May 1909

4 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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Berry, J.

¶1This case was tried by the district court without a jury. As conclusions of law, the court finds “that the plaintiff is not entitled to recover, and that the defendant is entitled to judgment against the plaintiff for his costs and disbursements, ” adding the words: “Let judgment be entered accordingly.” This direction is a part of the “decision” of the court, within the evident meaning of Gen. St. c. 66, § 226.. It is not an order involving the merits, or any part thereof,, within the meaning of Gen. St. c. 86, § 8, subd. 3, relating-to appeals in civil actions. It is merely a direction that an act be done which does involve the merits, to wit, that judgment be entered. It is, therefore, not appealable. Von Glahn v. Sommer, 11 Minn. 132 (203;) Lamb v. McCanna, 14 Minn. 513; Searles v. Thompson, 18 Minn. 320.

¶2Appeal dismissed.