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220 N.W. 850
S.D.
1928
BROWN, J.

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.

B-URCH, P. J., and PCXLLEY, SHERWOOD, and CAMPBELL, JJ., concur.

Case Details

Case Name: Nelsen v. Menno State Bank
Court Name: South Dakota Supreme Court
Date Published: Aug 10, 1928
Citations: 220 N.W. 850; 53 S.D. 398; 1928 S.D. LEXIS 96; File No. 6005
Docket Number: File No. 6005
Court Abbreviation: S.D.
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