In re Weide's Estate

South Dakota Supreme Court

In re Weide's Estate

54 N.W.2d 174, 74 S.D. 416, 1952 S.D. LEXIS 34

CourtSouth Dakota Supreme Court

DecidedJune 12, 1952

DocketFile No. 9300

StatusPublished

Cited by2 cases

This text of 54 N.W.2d 174 (In re Weide'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 Weide's Estate, 54 N.W.2d 174, 74 S.D. 416, 1952 S.D. LEXIS 34 (S.D. 1952).

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Opinion

PER CURIAM.

Following the decision on a prior appeal in this case reported in 73 S.D. 448, 44 N.W.2d 208, the claimant, Gladys A. J. Weide made a motion in the circuit court to allow her claim in full and to dismiss the appeal from the county court to the circuit court taken by those who^ were objecting to her claim. The trial court denied this dual motion by order dated October 16, 1951, and Gladys Weide has appealed from such order. Respondents have asked that the appeal be dismissed.

The order from which the appeal is taken is an intermediate order which requires an order allowing the appeal by the Supreme Court before the appeal becomes effective. SDC 33.0701, 33.0704. No application was made for such allowance at the time of taking the appeal. Appellant requests that this court enter an order allowing the appeal at this time. However, we perceive no reason for so [418]*418doing. All of the questions which appellant seeks to raise upon this attempted appeal may be raised upon an appeal from an adverse judgment. We are convinced that the ends of justice will be better served by considering the questions which appellant now seeks to raise after a trial of the issues and a decision, upon the merits.

The attempted appeal from the order of the circuit court dated October 16, 1951 is dismissed. An order will be entered accordingly.

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PER CURIAM.

Following the decision on a prior appeal in this case reported in 73 S.D. 448, 44 N.W.2d 208, the claimant, Gladys A. J. Weide made a motion in the circuit court to allow her claim in full and to dismiss the appeal from the county court to the circuit court taken by those who^ were objecting to her claim. The trial court denied this dual motion by order dated October 16, 1951, and Gladys Weide has appealed from such order. Respondents have asked that the appeal be dismissed.

The order from which the appeal is taken is an intermediate order which requires an order allowing the appeal by the Supreme Court before the appeal becomes effective. SDC 33.0701, 33.0704. No application was made for such allowance at the time of taking the appeal. Appellant requests that this court enter an order allowing the appeal at this time. However, we perceive no reason for so [418]*418doing. All of the questions which appellant seeks to raise upon this attempted appeal may be raised upon an appeal from an adverse judgment. We are convinced that the ends of justice will be better served by considering the questions which appellant now seeks to raise after a trial of the issues and a decision, upon the merits.

The attempted appeal from the order of the circuit court dated October 16, 1951 is dismissed. An order will be entered accordingly.

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Bluebook (online)

54 N.W.2d 174, 74 S.D. 416, 1952 S.D. LEXIS 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-weides-estate-sd-1952.

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