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79 Minn. 232

Gottstein v. St. Jean

Supreme Court of Minnesota

Decided April 6, 1900

Supreme Court of Minnesota · decided 1900-04-06

<p>Order of Dismissal not Appealable.</p> <p>Appeal dismissed, because taken from a nonappealable order.</p>

Relies on Cleveland v. City of St. Paul · United States Savings, Loan & Building Co. v. Ahrens

Dismissed · Decided 1900-04-06

PER OURIAM.

¶1Appeal from an order of the district court dismissing the action for want of prosecution; in effect an order for judgment in defendant’s favor for his costs and disbursements. As early as 1872 this court held that an appeal would not lie from an order of dismissal (Searles v. Thompson, 18 Minn. 285 [316]), and this rule has been adhered to ever since. The point has not been made by respondent’s counsel, but this is immaterial. U. S. Savings, L. & B. Co. v. Ahrens, 50 Minn. 332, 52 N. W. 898.

¶2Appeal dismissed.

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