Shriner's Hospital for Crippled Children v. Pierce

Respondent takes the position that the order which the residuary legatee seeks to have reviewed by this court is nonappealable. If that contention is correct, the appeal must be dismissed and this court is foreclosed from inquiry into the merits.

“The appealability of an order, or judgment, is a matter going to the subject matter jurisdiction of the supreme court. The court has no subject matter jurisdiction if the matter is not appealable .... If the matter is not ap-pealable, it is the duty of the court to dismiss the appeal on its own motion, even though the parties may not have raised the…