Quebec Bank v. Carroll
South Dakota Supreme Court
Appeal from district court, Hamlin county; Hon. James Spencer, Judge. Motion to dismiss appeal. No briefs filed. The facts so far as material are stated in the opinion.
1Opinion of the Court
Bennett, 3.
This is an appeal from an order, discharging an attachment, made before a judgment was rendered upon the merits of the original action. It is insisted by respondent:
1. That no appeal lies from this order, for the reason that such an order is not within the meaning or purview of Section 5236, Comp. Laws, (Code Civil Proc.,) prescribing what orders may be carried to the supreme court by appeal. This appeal must lie, if at all, by reason of subdivision 3 of that section, which is as follows: “When an order grants, refuses, continues, or modifies a provisional remedy; or grants,…
2Cases cited8 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- Holmes v. . CarleyNew York Court of Appeals · 1865
- Brown v. BarrySupreme Court of the United States · 1797
- The People v. . the New-York Central Railroad Co.New York Court of Appeals · 1855
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3Cited by10 opinions
- Bristol v. BrentUtah Supreme Court · 1909
- Hroch v. Aultman & Taylor Co.South Dakota Supreme Court · 1893
- Tulare Independent School District No. 36 v. Crandon School District No. 17South Dakota Supreme Court · 1924
- Application of Leo's Bus Service, Inc.South Dakota Supreme Court · 1984
- Farmers' & Merchants' State Bank of Hecla v. MichaelSouth Dakota Supreme Court · 1915
5 more not listed; retrieve them via the Exa API.