209 N.W. 30 | Minn. | 1926
In Todd v. Bettingen,
Subsequently, in cases which had been appealed to this court and remanded for further proceedings, it was held that an order granting a motion to file an amended or supplemental pleading was not appealable. Stromme v. Rieck,
Finally in Swanson v. Alworth,
"To yield to appellant's construction of the statute, relative to his right to appeal from this order, would be to disturb the established practice, to make two classes of order of this kind, one appealable, and one non-appealable, which would result in many unnecessary appeals, much confusion and delay."
In the present case no motion to dismiss the appeal has been made. But the court is unwilling to consider the merits of a nonappealable order and of its own motion orders that the appeal be dismissed.