
    KIRBY, Appellant, v. DRAPEAU et al., Respondents.
    (148 N.W. 137.)
    Appeal — Dismissal of Appeal — Appealable Order.
    An order directing tlie discharge and cancellation of record of a notice of lis pendens, is hot appealable; following Kirby y. Drapeau, 34 S. D. 289, 147 N. W. 982.
    Smith, P. J., and McCoy, J., not sitting.
    (Opinion filed July 13, 1914.
    Rehearing denied September 16, 1914.)
    Appeal from Circuit Court, Tripp: Counity. Hon. Wiiaiam . W iuuiam So N,. Judge.
    Action by Joe Kirby against Leon Dirapeau and others. Erom an order directing the discharge and cancellation of record of a notice of lis pendens, plaintiff appeals.
    Appeal dismissed.
    
      Joe Kirby, Appellant, in pro. per.
    
      B. 0. Patterson, for Respondent Keller.
   PER 'CURIAM:

This cause is before the court upon an appeal from an order of the circuit court directing the discharge and cancellation of record of a notice of lis pendens. Under the holding of this court in the case of Kirby v. Drapeau, decided by this court on July 6, 1914,- and reported in 147 N. W. 982, such order was not appealable. The appeal herein is therefore dismissed at appellant’s cost.

SMITH, P. J., and McCOY, J., not sitting.  