14 S.D. 426 | S.D. | 1901
Respondent moves to dismiss this appeal on the 0 ground that an order appointing a referee is not appealable. The following orders, when made by the court, may be carried to the supreme court: “ (i) An order affecting a substantial right made in any action, when such order in effect determines the action and prevents a judgment from which an appeal might be taken. (2) A final order affecting a substantial right, made in special proceedings, or upon a summary application in an action for [after] judgment. (3) When an order grants, refuses, continues or modifies a provisional remedy, or grants, refuses, modifies or dissolves an injunction.; when it sets aside or dismisses a writ of attachment for irregularity; when it grants or refuses a new trial; or when it sustains or overrules a demurrer. (4) When it involves the merits of an action or some part thereof; when it orders judgment on application therefor, on account of the frivolousness of a demurrer, answer or reply, or strikes off such demurrer, answer or reply on account of the frivolousness thereof. (5) From orders made by the circuit court, vacating or refusing to set aside orders made at chambers, where, by the provisions of this act, an appeal might have been taken, in case the order so made at chambers might have been granted or denied by the circuit court in the first instance. For the purposes of an appeal from an order, either party may re