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67 S.D. 90

289 N.W 417

Duba v. Mellette County

South Dakota Supreme Court

Decided December 26, 1939

South Dakota Supreme Court · decided 1939-12-26

Cited by 4 later decisions — most recently July 1942

3 state decisions

Relies on Moore v. Hahn · Paper Supply Co. v. MacDonald

Good law ✅— No negative treatment on recordhow we know

Decided 1939-12-26

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PER CURIAM.

¶1This action was commenced on November 2, 1937, and judgment by default was entered therein on March 7, 1938. Defendant made application for an order to show cause why the judgment entered should not be vacated and set aside. The order was granted and made returnable on December 1, 1938, at which time the trial court ordered that the judgment be vacated and set aside and that defendant be given permission to answer. On February 10, 1939, plaintiff perfected an appeal to this court from this order.

¶2The order was not appealable. Section 3168, Rev. Code 1919, enumerated the orders which were appealable and the order here involved did not come within those enumerated. Paper Supply Co. v. Mac Donald, 44 S. D. 100, 182 N. W. 526; Moore v. Hahn, 65 S. D. 284, 273 N. W. 377.

¶3This court is therefore without jurisdiction to consider the merits of the order and the appeal must therefore be dismissed. It is so ordered.

WARREN, P. J., and ROBERTS, RUDOLPH, and SMITH, JJ., concur.POLLEY, J., not sitting.
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