Paper Supply Co. v. MacDonald
South Dakota Supreme Court
Appeal from County Court, Spink County. Hon. E. W. Coolidge, Judge. Action by the Paper Supply Company, a corporation, against J. MacDonald. Eroni an order setting aside a default and permitting defendant to answer and defend, plaintiff appeals.
1Opinion of the CourtWhiting, J.
This matter is in this court upon an appeal from1 an order setting aside a default and permitting defendant to answer and defend. No judgment has been entered. Respondent moves to dismiss the appeal on the ground that the order, sought to be appealed from, is not appealable. Section 3:168, Rev. Code, enumerates the orders that are reviewable by this court, and, by enumerating such orders as may be reviewed, it necessarily excludes all those not so enumerated.
We fail to find anything in section 3168 that authorizes this *101appeal. Certainly there is no provision of such section that could be…
2Cases cited3 opinions
- Weber v. TschetterSouth Dakota Supreme Court · 1890
- Ledebuhr v. Grand Grove of Wisconsin of the Order of DruidsWisconsin Supreme Court · 1897
- Port Huron Engine & Thresher Co. v. RudeWisconsin Supreme Court · 1898
3Cited by6 opinions
- Moore v. HahnSouth Dakota Supreme Court · 1937
- National Casing Co. v. SchmechelSouth Dakota Supreme Court · 1921
- Duba v. Mellette CountySouth Dakota Supreme Court · 1939
- In Re Swanson's EstateSouth Dakota Supreme Court · 1940
- Duba v. Mellette CountySouth Dakota Supreme Court · 1939
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