Agnew v. Agnew

MlISER, C.

This appeal is from the same judgment and order which were reversed in an opinion handed down at this term and reported in 52 S. D. 472, 218 N. W. 633. That appeal was taken by the defendant administrator. This appeal was taken by the defendants, who, if the claims of plaintiff and her children be rejected, would be the heirs at law of decedent. The motion to dismiss the appeal of the defendant heirs at law is not based upon the mere fact that the new trial must, by the disposition of the administrator’s appeal, be had in any event, but presents questions of Appellate procedure of…