Hall v. City of Belle Fourche
Opinion of the Court
Defendant demurred to the complaint, and has attempted to appeal from the order overruling the demurrer.
[1, 2] SDC 33.0701 enumerates the orders which are appealable. An order which does not come within those enumerated is not reviewable. Moore v. Hahn, 65 S.D. 284 , 273 N.W. 377 . An order sustaining or overruling a demurrer was within those enumerated in Section 3168, Rev. Code 1919. This provision has been omitted from the South Dakota Code of 1939. The order in question is an "intermediate order" from which there can be no appeal as a matter of right. SDC 33.0701(6). Since the order is not reviewable as a matter of right and there has been no allowance *Page 436 of an appeal by this court, the attempted appeal must be dismissed. It is so ordered.
SMITH, P.J., and ROBERTS and RUDOLPH, JJ., concur.
POLLEY and WARREN, JJ., not sitting.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 3 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.