Hall v. City of Belle Fourche

South Dakota Supreme Court

Hall v. City of Belle Fourche

293 N.W. 631, 67 S.D. 435, 1940 S.D. LEXIS 63

CourtSouth Dakota Supreme Court

DecidedAugust 30, 1940

DocketFile No. 8368.

StatusPublished

Cited by3 cases

This text of 293 N.W. 631 (Hall v. City of Belle Fourche) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hall v. City of Belle Fourche, 293 N.W. 631, 67 S.D. 435, 1940 S.D. LEXIS 63 (S.D. 1940).

Pincite

Opinion

Defendant demurred to the complaint, and has attempted to appeal from the order overruling the demurrer.

[1, 2] SDC 33.0701 enumerates the orders which are appealable. An order which does not come within those enumerated is not reviewable. Moore v. Hahn, 65 S.D. 284, 273 N.W. 377. An order sustaining or overruling a demurrer was within those enumerated in Section 3168, Rev. Code 1919. This provision has been omitted from the South Dakota Code of 1939. The order in question is an "intermediate order" from which there can be no appeal as a matter of right. SDC 33.0701(6). Since the order is not reviewable as a matter of right and there has been no allowance *Page 436 of an appeal by this court, the attempted appeal must be dismissed. It is so ordered.

SMITH, P.J., and ROBERTS and RUDOLPH, JJ., concur.

POLLEY and WARREN, JJ., not sitting.

Free access — add to your briefcase to read the full text and ask questions with AI

Defendant demurred to the complaint, and has attempted to appeal from the order overruling the demurrer.

[1, 2] SDC 33.0701 enumerates the orders which are appealable. An order which does not come within those enumerated is not reviewable. Moore v. Hahn, 65 S.D. 284, 273 N.W. 377. An order sustaining or overruling a demurrer was within those enumerated in Section 3168, Rev. Code 1919. This provision has been omitted from the South Dakota Code of 1939. The order in question is an "intermediate order" from which there can be no appeal as a matter of right. SDC 33.0701(6). Since the order is not reviewable as a matter of right and there has been no allowance *Page 436 of an appeal by this court, the attempted appeal must be dismissed. It is so ordered.

SMITH, P.J., and ROBERTS and RUDOLPH, JJ., concur.

POLLEY and WARREN, JJ., not sitting.

Cite This Page — Counsel Stack

Bluebook (online)

293 N.W. 631, 67 S.D. 435, 1940 S.D. LEXIS 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-city-of-belle-fourche-sd-1940.

Opinion

Related

Cite This Page — Counsel Stack