Nelsen v. Menno State Bank
Cases that cite this one
4 later published cases cite this decision.
- Nicolay v. Stukel (S.D. 2017)
- Sturzenbecher v. Sioux County Ranch, LLC (S.D. 2025)
- Cowan Bros., L.L.C. v. American State Bank (S.D. 2007)
- Edgerton Independent Consol. School Dist. No. 2 v. Western Surety Co. (S.D. 1929)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Plaintiff, as administrator o-f the estate of Clara M. Fennell, sues to recover the value of a -certificate of deposit in defendant bank, -which plaintiff alleges defendant bank has converted to- its own use. The answers allege that the deposit was the money of defendant Mrs. Philip Schenk, and that -deceased held the -certificate of deposit as trustee for sai-d defendant. Plaintiff moved for judgment on the pleadings, on the ground that the answers state no- defense, and from an order denying" the motion •plaintiff appeals.
An order denying judgment on the pleadings is an interlocutory- order, and is not appealable. Warwick v. Bliss (S. D.) 216 N. W. 865. Persons v. Simons, 1 N. D. 243, 46 N. W. 959.
The appeal is dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.