
    Smith, Respondent, vs. Scott and others, Appellants.
    
      May 5
    
    May 22, 1896.
    
    
      Appealable order: Parties.
    
    An order denying a motion to bring in additional parties defendant is not appealable.
    
      Appeal from an order of the circuit court for Lincoln county: Chas. Y. Baedeeh, Circuit Judge.
    
      Dismissed.
    
    The plaintiff claimed to be the equitable owner of certain pine lands, the legal title to which was in the defendants, and brought his action to compel a conveyance to him of said lands in pursuance of a written agreement, and to set aside certain tax deeds obtained on said lands, and for other relief. The defendants, having answered, moved, on affidavits for that purpose, that Prank Smith and Frederick Smith be made parties to the action, on the ground that they were necessary parties to the action and that a complete determination of the controversy could not be had without their presence. Counter affidavits were filed, and the court made an order denying the motion, from which the defendants appealed.
    For the appellants the cause was submitted on the brief of Curtis & Reid.
    
    For the respondent there was a brief by H. C. Hetsel, attorney', and Brown ds Pradt, of counsel, and oral argument by Neal Brown.
    
   Pihney, J.

Appeals from orders made in actions in the circuit court can be taken only in cases specified by ch. 212, Laws of 1895, amendatory of sec. 3069, E. S. The order in this case is not within the category of orders specified in the act. If the order is reviewable, it can be reviewed only on appeal from a final judgment, under sec. 3070, E. S. For this reason this court has no jurisdiction, and the appeal must be dismissed.

By the Court.— The appeal is dismissed, with costs.  