Croft v. Miller

• Decision Date: 30 December 1879
• Citation: 26 Minn. 317
• Parties: JOSEPHUS CROFT <I>vs.</I> AARON P. MILLER and others.
• Court: Minnesota Supreme Court

26 Minn. 317

JOSEPHUS CROFTvs.

AARON P. MILLER and others.

Supreme Court of Minnesota.

December 30, 1879.

Daniel Rohrer, for appellant.

Emory Clark, for respondent.

BERRY, J.

This is, in effect, an appeal from an order of the district court for Nobles county, for judgment against a garnishee. Gen. St. 1878, c. 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.

That 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. Kranz, 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.