Thorp v. Lorenz

Decided December 12, 1885

Supreme Court of Minnesota · decided 1885-12-12

Appeal by plaintiff from an order of the district court for Redwood county, dismissing the action. Respondent moved for a dismissal of the appeal.

Relies on Cochran v. Toher · Cleveland v. City of St. Paul

Good law ✅— No negative treatment on recordhow we know

Decided 1885-12-12

How this case has been cited

Cited by 9 later decisions — most recently August 1954

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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By the Court.

¶1This is an appeal from an order made on the trial dismissing the action, on the ground that the complaint did not state a cause of action. It has been repeatedly held by this court that an order of this kind is not appealable. Rogers v. Holyoke, 14 Minn. 387, (514;) Lamb v. McCanna, 14 Minn. 385, (513;) Searles v. Thompson, 18 Minn. 285, (316.) The plaintiff should either have moved for a new trial and appealed from the order refusing it, or else caused judgment of dismissal to have been entered, and then appealed from the judgment.

¶2Appeal dismissed.