
    STATE v. PATRICK O’BRIEN and Others.
    
    April 12, 1901.
    Nos. 12,545 — (11).
    Order not Appealable.
    Action in tbe district court for Swift county against defendant O’Brien and bis sureties to recover tbe penalty of a bond given to secure a license to sell intoxicating liquor. From an order, Qvale, J., denying defendants’ application to have tbe complaint made more definite, defendants appealed.
    Appeal dismissed.
    
      John H. Ives, for appellants.
    
      F. P. Olney, County Attorney, for respondent.
    
      
       Reported in 85 N. W. 1135.
    
   PER CURIAM.

Appeal from an order denying a motion to make tbe complaint more definite and certain. Plaintiff’s counsel claims tbe order is nonappealable and moves to dismiss. In American Book Co. v. Kingdom Pub. Co., 71 Minn. 363, 73 N. W. 1089, we expressly disapprove tbe rule laid down in Pugb v. Winona & St. P. R. Co., 29 Minn. 390, 13 N. W. 189, as to tbe appealability of sucb an order, and with a clear intimation that it would not be thereafter followed. We now expressly overrule tbe Pugb case, and bold that, as such an order relates to a matter of procedure and may be reviewed on an appeal from tbe judgment, if one is obtained against tbe defendants, it is not appealable under our statute. The appeal is dismissed, but without statutory costs.

Appeal dismissed.  