Nelsen v. Menno State Bank
This text of 220 N.W. 850 (Nelsen v. Menno State Bank) 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.
Opinion
Plaintiff, as administrator o-f the estate of Clara M. Fennell, sues to recover the value of a -certificate of deposit in defendant bank, -which plaintiff alleges defendant bank has converted to- its own use. The answers allege that the deposit was the money of defendant Mrs. Philip Schenk, and that -deceased held the -certificate of deposit as trustee for sai-d defendant. Plaintiff moved for judgment on the pleadings, on the ground that the answers state no- defense, and from an order denying" the motion •plaintiff appeals.
An order denying judgment on the pleadings is an interlocutory- order, and is not appealable. Warwick v. Bliss (S. D.) 216 N. W. 865. Persons v. Simons, 1 N. D. 243, 46 N. W. 959.
The appeal is dismissed.
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Cite This Page — Counsel Stack
220 N.W. 850, 53 S.D. 398, 1928 S.D. LEXIS 96, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nelsen-v-menno-state-bank-sd-1928.