Nelsen v. Menno State Bank of Menno

• Decision Date: 10 August 1928
• Docket Number: No. 6005.,6005.
• Citation: 53 S.D. 398,220 N.W. 850
• Parties: NELSEN v. MENNO STATE BANK OF MENNO et al.
• Court: South Dakota Supreme Court

53 S.D. 398

220 N.W. 850

NELSEN

v.MENNO STATE BANK OF MENNO et al.

No. 6005.

Supreme Court of South Dakota.

Aug. 10, 1928.

Appeal from Circuit Court, Hutchinson County; R. B. Tripp, Judge.

Action by W. O. Nelsen, administrator of Clara M. Fennell, deceased, against the Menno State Bank of Menno, S. D., and another. From an adverse order, plaintiff appeals. Dismissed.Clark & Henderson, of Yankton, for appellant.

Bogue & Bogue, of Parker, for respondents.

BROWN, J.

Plaintiff, as administrator of 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 said 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. 969.

The appeal is dismissed.

BURCH, P. J., and POLLEY, SHERWOOD, and CAMPBELL, JJ., concur.