Judgments and orders of circuit courts from which appeal may be taken.

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15-26A-3. Judgments and orders of circuit courts from which appeal may be taken.

Appeals to the Supreme Court from the circuit court may be taken as provided in this title from:

(1)A judgment;

(2)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;

(3)An order granting a new trial;

(4)Any final order affecting a substantial right, made in special proceedings, or upon a summary application in an action after judgment;

(5)An order which grants, refuses, continues, dissolves, or modifies any of the remedies of arrest and bail, claim and delivery, injunction, attachment, garnishment, receivership, or deposit in court;

(6)Any other intermediate order made before trial, any appeal under this subdivision, however, being not a matter of right but of sound judicial discretion, and to be allowed by the Supreme Court in the manner provided by rules of such court only when the court considers that the ends of justice will be served by determination of the questions involved without awaiting the final determination of the action or proceeding; or

(7)An order entered on a motion pursuant to §15-6-11.

Source: SDC 1939 & Supp 1960, §33.0701; SDCL, §15-26-1; SL 1971, ch 151, §2; SL 1986, ch 160, §2.


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