Custer County Bank v. W. H. Walling Mercantile Co.

Citations

• 16 S.D. 579
• 94 N.W. 582
• 1903 S.D. LEXIS 126

Syllabus

<p>Comp. Laws, § 4828, provides that special proceedings and motions may be heard at any place within the judicial district in which is situated the county or judicial subdivision wherein the same is brought or is pending, and that nothing in the section shall he construed to prevent the judge of any circuit court from making any order at chambers at any place within the state. Section 5236 provides that an order made at chambers is not appealable, but that appeal will lie only from an application to vacate the order. A judge, while holding court in a ■ circuit other than his own,, made an order, stated to be “by the court,” and attested by the clerk. Held, that as, under the statutes, the only valid order which he could have made, under the circumstances, was an order at chambers, the order made mnst be regarded as such, in spite of its form, and hence was not appealable.</p>