Dikeman
Dikeman v. Jewel Gold Mining Co.
Opinion
Lead Opinion
Hunt, J.
(after stating the facts as above).
By the assignments plaintiffs in error ask a review of the order of tire court refusing to confirm the second sale and ordering it set aside. But a question of our jurisdiction at once arises, because, if that order was not a final one, we cannot take jurisdiction, and the only disposition to be made of the matter is to grant the motion of the defendant in error to dismiss the writ for lack of jurisdiction.
The Code of Civil Procedure of Alaska (sections 1336, 1337, Comp.Laws of Alaska) provides that appeals and writs of error may be taken and prosecuted from “final judgments and decrees” and from interlocutory orders granting or dissolving injunctions, or refusing to grant or dissolve injunctions in pending causes. An order setting aside a sale upon the ground that property which did not belong to the judgment debtors had been included in a lump sum sale was a disposition of a step in the case but *252 not of the case itself. Such an order merely sets aside one sale, and presumably the court intends to order another. And in the present case the irregularities or defects pointed out by the District Court were at least sufficient grounds upon…