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34 S.D. 277

Kirby v. Sully

South Dakota Supreme Court

Decided July 13, 1914

South Dakota Supreme Court · decided 1914-07-13

Hon. William Williamson, Judge. Action by Joe Kirby against Mary Sully, Winnie N. Keller, and others, to recover for legal services rendered. From an order directing the discharge and- -cancellation of record of a notice of lis pendens, plaintiff appeals.

Appeal dismissed · Decided 1914-07-13

PER CURIAM:

¶1This cause is before the court upon an appeal from an order of the circuit court directing the discharge and cancellation of record of a notice of lis pendens. Under the -holding of this court in the case of Kirby v. Drapeau, decided by this-court on July 15, 1914, and reported in 147 N. W. 982, such order was not appealable. The appeal herein is therefore dismissed at appellant's cost.

SMITH, P. J., and McCOY, J., not sitting.
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