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42 S.D. 170

Nepper v. Wordehoff

South Dakota Supreme Court

Decided July 22, 1919

South Dakota Supreme Court · decided 1919-07-22

■. Hon. William Williamson, Judge. Action by P. J. Nepper, against Herman Wordehoff. From an order not made or entered until after notice of appeal, plaintiff appeals. Respondent cited: iState ex rel, Morgan v. Lamm, 9 'S. D. 418; Greenly v. Hopkins, 7 S. D. 561; Chamberlain v. Pledger, et al, 10 S. D. 290; Martin, et al, v. Smith, et al, 11 S. D. 437.

Relies on Aldrich v. Public Opinion Pub. Co. · Martin v. Smith

Motion to dismiss appeal treated as one to strike cause… · Decided 1919-07-22

PER CURIAM.

¶1Respondent moves to dismiss a purported appeal from an order. At the time the purported notice of appeal was served, no order had been made or entered. One was made three days after and entered some two weeks after the attempt to perfect an appeal. No authority is given by statute for the taking of an appeal prior to the entry of the order appealed from. Therefor the attempted appeal was premature and 'of no effect. Martin v. Smith, 11 S. D. 437, 78 N. W. 1001. There was no appeal; there is nothing to dismiss; but this court will treat 'the said ¡motion to dismiss as a motion to strike the *171cause from the records of this court. Aldrich v. Public Opinion Pub. Co., 27 S. D. 589, 132 N. W. 278.

¶2The cause should be, and is, stricken from the records of this court.

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