Credit Management Service, Inc. v. Wendbourne

RUDOLPH P. Jl

This is an appeal from an order of the Municipal Court of j^ioux Falls refusing to permit the garnishee defendant to .serve and file an affidavit denying liabil ity, after the statutory time for serving and filing such affidavit had expired. The garnishee defendant has appealed.

Respondent has moved to dismiss the appeal for the reason that the order appealed from is an intermediate order and appellant did not petition for an allowance of the appeal under SDC 33.0704. We have concluded that if this order does not fall strictly within the language of SDC 33.0701 (5), nevertheless…