South Dakota Supreme Court, 1914

Kirby v. Sully

Kirby v. Sully
South Dakota Supreme Court · Decided July 13, 1914 · McCoy, Smith
34 S.D. 278; 148 N.W. 137; 1914 S.D. LEXIS 122

Kirby v. Sully

Opinion of the Court

PER CURIAM:

This cause is before the court upon an appeal from an order of the -circuit court directing the discharge and cancellation of record of a notice of lis pendens. Under the holding of this court in the case of Kirby v. Drapeau, decided by this-court' on July 6, 1914, and reported in 147 N. W. 982, such order was not appealable. The appeal herein is therefore dismissed at appellant’s cost.

SMITH, P. J., and McCOY, J., not sitting.

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