Ferguson v. Jensen

This is an appeal from an order denying plaintiff’s motion to strike out certain paragraphs of defendants’ counterclaim. The order sought to be reviewed is not appealable and the appeal must be dismissed. Interlocutory orders are appealable only as made so by statute. Ostlund v. Ecklund, 42 ND 83, 171 NW 857; Wall v. First Nat. Bank, 49 ND 703, 193 NW 51; Torgerson v. Minneapolis, St. P. & S. Ste. M. R. Co. 51 ND 745, 200 NW 1013;. 3 CJ 488, § 316; 4 CJS 226. Section 28-2702, ND Rev Code 1943, provides what orders maybe reviewed on appeal to the supreme court. This section reads:

“28-2702. The…