Opinion
File No. 8517.
Opinion filed July 3, 1942.
Appeal and Error.
An order which vacated a judgment and permitted defendant to answer was not appealable.
Appeal from Circuit Court, Minnehaha County; Hon. John T. Medin, Judge.
Suit by Seth A. Adamson, as administrator of the estate of Erick E. Fallan, deceased, against Ele Petersen. From an order vacating a judgment and permitting the defendant to answer, the plaintiff appeals.
Appeal dismissed.
Krause Van Buren, of Dell Rapids, for Appellant.
B.O. Stordahl and R.G. May, both of Sioux Falls, for Respondent.
The plaintiff sought to appeal from a non-appealable order which vacated a judgment and permitted the defendant to answer. Duba v. Mellette County, 67 S.D. 90, 289 N.W. 417.
The appeal is dismissed.