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83 Minn. 6

State v. O'Brien

Supreme Court of Minnesota

Decided April 12, 1901

Supreme Court of Minnesota · decided 1901-04-12

Action in tbe district court for Swift county against defendant O’Brien and bis sureties to recover tbe penalty of a bond given to secure a license to sell intoxicating liquor. From an order, Qvale, J., denying defendants’ application to have tbe complaint made more definite, defendants appealed.

Relies on American Book Co. v. Kingdom Publishing Co. · Pugh v. Winona & St. Peter Railroad

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1901-04-12

How this case has been cited

Cited by 6 later decisions — most recently March 1934

6 state decisions

201901191019201930decided

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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PER CURIAM.

¶1Appeal from an order denying a motion to make tbe complaint more definite and certain. Plaintiff’s counsel claims tbe order is nonappealable and moves to dismiss. In American Book Co. v. Kingdom Pub. Co., 71 Minn. 363, 73 N. W. 1089, we expressly disapprove tbe rule laid down in Pugb v. Winona & St. P. R. Co., 29 Minn. 390, 13 N. W. 189, as to tbe appealability of sucb an order, and with a clear intimation that it would not be thereafter followed. We now expressly overrule tbe Pugb case, and bold that, as such an order relates to a matter of procedure and may be reviewed on an appeal from tbe judgment, if one is obtained against tbe defendants, it is not appealable under our statute. The appeal is dismissed, but without statutory costs.

¶2Appeal dismissed.

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