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Campbell v. Common Council of City of Watertown

Campbell v. Common Council of City of Watertown, 195 N.W. 442 (S.D. 1923)
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Court
South Dakota Supreme Court · State Highest Courts
Decided
October 18, 1923
Docket
Nos. File Nos. 5262, 5293
Judges
Gates
Citations
195 N.W. 44246 S.D. 5741923 S.D. LEXIS 87

Opinion of the Court — Gates

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GATES, J.

This is an appeal from an order allowing a writ of certiorari to review certain proceedings of the city of Water-town in the matter of paving Third street N. W.

The appeal is dismissed because the order appealed from is not an appealable order. Section 3168, Rev. Code 1919, defines appealable orders. Certiorari is not an action. Rev. Code 1919, § 2091. It is a special proceeding. Rev. Code 1919, §§ 2092, 2991-3005. In order to be appealable, an order made in a special proceeding must affect a substantial right and- also be a final order. Rev. Code 1919, § 3168, subd. 2.

Manifestly an order allowing a writ of certiorari cannot be said to be a final order. It is merely an interlocutory order.

Note. — Reported in 195 N. W. 4 '42. See, Headnote, American Key-Numbered Digest, Appeal and error, Key-No. 83, 3 C. J. Seo. 394.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1923: 11927: 119232026peak 1923 · 1

Relies on it most ⓘ

  1. Clarke v. Pelter195 N.W. 442 (S.D. 1923)
  2. Mitchell National Bank v. Jones212 N.W. 919 (S.D. 1927)

Most recent

  1. Mitchell National Bank v. Jones212 N.W. 919 (S.D. 1927)
  2. Clarke v. Pelter195 N.W. 442 (S.D. 1923)

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.

Authorities cited 0

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