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26 Minn. 317

Croft v. Miller

Supreme Court of Minnesota

Decided December 30, 1879

Supreme Court of Minnesota · decided 1879-12-30

<p>Appeal — Garnishment.—An order of a district court for judgment against a garnishee is not appealable.</p>

Relies on Langdon v. Thompson · Searles v. Thompson · Lamb v. McCanna

Good law ✅— No negative treatment on recordhow we know

Decided 1879-12-30

How this case has been cited

Cited by 9 later decisions — most recently April 1974

9 state decisions

4018791880189019001910192019301940195019601970decided

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 is, in effect, an appeal from an order of the district court for Nobles county, for judgment against a- garnishee. Gen. St. 1878, e. 66, § 197, enacts that any party to a garnishment proceeding, deeming himself aggrieved by any order or final judgment therein, may remove the same from a district court-to the supreme court, by appeal, in the same cases, in like manner, and with like effect as in a civil action.

¶2That no appeal lies from an order for judgment in a civil action has been settled by several decisions of this court. Lamb v. McCanna, 14 Minn. 513; Rogers v. Holyoke, 14 Minn. 514; Searles v. Thompson, 18 Minn. 316; Ryan v. *318Kranz, 25 Minn. 362; Langdon v. Thompson, 25 Minn. 509; Chesterson v. Munson, ante, p. 303. Though the point of non-appealability is not made by counsel, we cannot overlook it, and the appeal is accordingly dismissed.

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