In Re Swanson's Estate

South Dakota Supreme Court

In Re Swanson's Estate

293 N.W. 361, 67 S.D. 371, 1940 S.D. LEXIS 50

CourtSouth Dakota Supreme Court

DecidedJuly 26, 1940

DocketFile No. 8333.

StatusPublished

Cited by1 cases

This text of 293 N.W. 361 (In Re Swanson's Estate) 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

In Re Swanson's Estate, 293 N.W. 361, 67 S.D. 371, 1940 S.D. LEXIS 50 (S.D. 1940).

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Opinion

On August 25, 1931, the Circuit Court of Lincoln County signed an instrument denominated an "Order" dismissing an appeal from the final decree and the amended final decree of the County Court of Lincoln County. On the 21st day of July, 1939, the Circuit Court entered an order vacating and setting aside its purported order of August 25, 1931, above described. The appeal is from the order of July 21, 1939. An appeal has not been allowed by this court pursuant to the discretion lodged in it by SDC 33.0701(6).

We are of the opinion that the order is interlocutory and not appealable as a matter of right. SDC 33.0701; Duba v. Mellette County, 67 S.D. 90, 289 N.W. 417; Moore v. Hahn, et al., 65 S.D. 284,273 N.W. 377; Paper Supply Co. v. MacDonald, 44 S.D. 100, 182 N.W. 526; National Casing Co. v. Schmechl, 44 S.D. 101, 182 N.W. 526; Warwick v. Bliss, 52 S.D. 107, 216 N.W. 865.

Our order will be that the appeal be dismissed.

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On August 25, 1931, the Circuit Court of Lincoln County signed an instrument denominated an "Order" dismissing an appeal from the final decree and the amended final decree of the County Court of Lincoln County. On the 21st day of July, 1939, the Circuit Court entered an order vacating and setting aside its purported order of August 25, 1931, above described. The appeal is from the order of July 21, 1939. An appeal has not been allowed by this court pursuant to the discretion lodged in it by SDC 33.0701(6).

We are of the opinion that the order is interlocutory and not appealable as a matter of right. SDC 33.0701; Duba v. Mellette County, 67 S.D. 90, 289 N.W. 417; Moore v. Hahn, et al., 65 S.D. 284,273 N.W. 377; Paper Supply Co. v. MacDonald, 44 S.D. 100, 182 N.W. 526; National Casing Co. v. Schmechl, 44 S.D. 101, 182 N.W. 526; Warwick v. Bliss, 52 S.D. 107, 216 N.W. 865.

Our order will be that the appeal be dismissed.

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Bluebook (online)

293 N.W. 361, 67 S.D. 371, 1940 S.D. LEXIS 50, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-swansons-estate-sd-1940.

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