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Davis v. Royce

Supreme Court of Minnesota
Jun 15, 1928
219 N.W. 928 (Minn. 1928)

Opinion

No. 26,757.

June 15, 1928.

Nonappealable orders.

Held: The following orders are not appealable: (1) A discretionary order; (2) an order refusing to vacate a nonappealable order; and (3) an order refusing to vacate an order granting a new trial on ground of defendant's misconduct. [Reporter]

Plaintiff appealed from an order of the municipal court of Duluth, McDevitt, J. refusing to vacate an order granting defendant's motion for a new trial. Appeal dismissed.

Leslie S. High, for appellant.

McCoy Hansen, for respondent.



The appeal is by plaintiff from an order refusing to vacate an order granting defendant's motion for a new trial on the ground of misconduct of the prevailing party. The order granting a new trial did not state that it was based exclusively upon errors of law. It purported to be made in the interest of justice, and hence would come in the class of discretionary orders. Such an order is not appealable. Heide v. Lyons, 128 Minn. 488, 151 N.W. 139; 1 Dunnell, Minn. Dig. (2 ed.) § 300. It is well settled that an order refusing to vacate a nonappealable order is not appealable. Brown v. Minnesota T. Mfg. Co. 44 Minn. 322, 46 N.W. 560; Lockwood v. Bock, 46 Minn. 73, 48 N.W. 458; Security State Bank v. Brecht, 150 Minn. 502, 185 N.W. 1021; United States R. P. Co. Inc. v. Melin, 160 Minn. 530, 200 N.W. 807.

The appeal must be dismissed.


Summaries of

Davis v. Royce

Supreme Court of Minnesota
Jun 15, 1928
219 N.W. 928 (Minn. 1928)
Case details for

Davis v. Royce

Case Details

Full title:DAVID DAVIS v. ALICE E. ROYCE

Court:Supreme Court of Minnesota

Date published: Jun 15, 1928

Citations

219 N.W. 928 (Minn. 1928)
174 Minn. 611

Citing Cases

Weckerling v. McNiven Land Co.

An order denying a motion to vacate a nonappealable order is likewise nonappealable. Davis v. Royce, 174…

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2. An order refusing to vacate a nonappealable order is not appealable. Davis v. Royce, 174 Minn. 611, 219…