National Casing Co. v. Schmechel
South Dakota Supreme Court
Appeal from County Court, Spink County. . Hon. E. W. Coolidge, Judge. Action by the National Casing Company, a corporation, against Julius Schmechel. From an order excusing defendant’s default before judgment, and granting leave to answer and defend in the suit, plaintiff appeals.
1Opinion of the CourtSmith, J.
Appeal from an order of the county court of ■Spink county, excusing default before judgment, and granting leave to answer and defend in an action pending in said court. For the reasons stated in Paper Supply Co. v. MacDonald, 182 N. W. 526, the order sought to be reviewed is not appealable. In that case there was a m/otion to dismiss the appeal, while in the present case no such motion was made. The court, however, is required to take notice of jurisdictional questions, whether presented by the parties or not. Winner Milling Co. v. C. & N. W. Ry. Co., 181 N. W. 195; Odell v. Coquolette et…
2Cases cited3 opinions
- Odell v. CoquoletteSupreme Court of Iowa · 1897
- Winner Milling Co. v. Chicago & North Western Railway Co.South Dakota Supreme Court · 1921
- Paper Supply Co. v. MacDonaldSouth Dakota Supreme Court · 1921
3Cited by8 opinions
- County School Board v. Cottonwood School District No. 41South Dakota Supreme Court · 1965
- Downs v. Bruce Independent School District No. 49South Dakota Supreme Court · 1927
- In Re Swanson's EstateSouth Dakota Supreme Court · 1947
- Chicago, Milwaukee, St. Paul & Pacific Railroad v. Board of Railroad CommissionersSouth Dakota Supreme Court · 1936
- State v. HareSouth Dakota Supreme Court · 1977
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