Rice v. The First Division of the St. Paul & Pacific Railroad Company
| Decision Date | 16 March 1878 |
| Citation | 24 Minn. 447 |
| Parties | Edmund Rice and others, Trustees, v. The First Division of the St. Paul & Pacific Railroad Company. (Two suits.) Horace Thompson and others, Trustees, v. The First Division of the St. Paul & Pacific Railroad Company. (Two suits.) |
| Court | Minnesota Supreme Court |
The defendant appealed in these cases from the order of the court of common pleas for Ramsey county, Hall, J., presiding, denying a motion to strike out portions of the complaints in the several actions. See cases last reported.
The appeals are dismissed.
Bigelow, Flandrau & Clark, for appellant.
Wm. H. Scott, Geo. L. Otis, Gordon E. Cole and E. C. Palmer, for respondents.
Berry, J. Gilfillan, C. J., having been of counsel, did not sit in this case.
These are all attempted appeals from orders refusing to strike out certain portions of the complaints in the above entitled actions as irrelevant and redundant Such orders are not appealable. The only ground upon which it is contended that they are appealable is that they involve the merits of the action or some part thereof. If the matter objected to is irrelevant or redundant it has, for that very reason, nothing to do with the merits of the action; that is to say, with the substantial matter in controversy, which is the subject of the action, or with any part thereof. Hence an order refusing to strike it out cannot affect, dispose of, or in any way involve the merits of the action or any part thereof. Whitney v. Waterman, 4 How. Pr. 313; Bedell v. Stickles, 4 How. Pr. 432; Field v. Stewart, 8 Abb. Pr. N. S. 193; Murphy v. Dickinson, 40 How. Pr. 66; Hughes v. Merc. Ins. Co. 10 Abb. Pr. N. S. 37; Morehouse v. Yeager, 6 Jones & Spencer 50.
The appeals are dismissed.
Gilfillan, C. J., having been of counsel, did not sit in this case.
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