Opinion
No. 24,652.
April 17, 1925.
Order denying motion for amended findings not appealable.
An order, denying a motion for amended findings is not appealable.
See Appeal and Error, 3 C.J. p. 475, § 299.
Action in the district court for Hennepin county. The case was tried before Nye, J., who ordered judgment in favor of plaintiff. From an order denying its motion for amended findings, defendant appealed. Dismissed.
Briggs, Weyl Briggs, for appellant.
H.R. Hewitt, for respondent.
Action to recover loss sustained on a carload of apples, by reason of a decline in the market, at Kenyon, this state, during the time the same was unreasonably delayed in transit. The cause was tried and submitted to the court for decision. Findings of fact and conclusions were made and filed in favor of the plaintiff. Defendant moved for amended findings, which motion was denied. From the order denying such motion, defendant attempted to appeal.
No extended remarks are necessary in disposing of the matter. We again call attention to the rule that an order, denying a motion for amended findings, is not appealable. Lamprey v. St. P. C. Ry. Co. 86 Minn. 509, 91 N.W. 29; Nikannis Co. v. City of Duluth, 108 Minn. 83, 121 N.W. 212; Desaman v. Butler Bros. 118 Minn. 198, 136 N.W. 748; Rees v. Nash, 142 Minn. 260, 171 N.W. 781; Nash v. Kirchoff, 161 Minn. 409, 201 N.W. 617.
The appeal is dismissed.