260 N.W. 313 | Minn. | 1935
What was said in the opinion in the companion case probably compels affirmance. But we are also confronted with the further fact that the order from which the appeal is taken is not an appealable order. See 1 Dunnell, Minn. Dig. (2 ed. Supps. 1932, 1934) § 298, and particularly "orders held not appealable" appearing on p. 159 of that volume. We think what was said in Minneapolis Trust Co. v. Menage,
"The order does not involve 'the merits of the action,' as that term has been construed by the repeated decisions of this court, nor is it a final order affecting a substantial right in a special proceeding. It does not put an end to the proceedings."
Appeal dismissed.
STONE, JUSTICE, took no part.