Northwestern Engineering Co. v. Ellerman

Before we reach the merits of this controversy, it is necessary that we pass upon respond ents’ motion to dismiss the appeal. Appellant did not petition for an allowance of this appeal under the provisions of SDC 33.0704. It is the contention of respondents, in support of this motion, that the order from which the appeal is taken is not an order from which the appellant may appeal as a matter of right. So far as material to this motion, the facts disclose that in the lower court the defendants (respondents) made a motion to dismiss the plaintiffs [appellant) complaint on the ground that the…