Garlock v. Calkins
South Dakota Supreme Court
Appeal from circuit court, Custer county. Hon. L,evi McGee, Judge. Action by Thomas V. Garlock against R. W. Calkins and others. A transcript of a judgment of a justice of the peace in favor of plaintiff was docketed in the circuit court, and from an order vacating the judgment, and setting the action for trial de novo, defendants appeal.
1Opinion of the CourtFuller, P. J.
Conformably to an order to show cause, the circuit court held in effect that a judgment rendered by a justice of the peace, a sufficient -transcript of which had been docketed therein, should be vacated and all proceedings thereunder stayed pending a *91trial of the action upon its merits in that court, and from such order this appeal was taken. While it is contended rhat the judgment, as against certain of the defendants, is void for want'of jurisdiction, the transcript, as docketed, affirmatively shows that the justice of the peace had jurisdiction both of the person and subject-matter. The…
2Cases cited4 opinions
- Coon v. SeymourWisconsin Supreme Court · 1888
- Grattan v. MattesonSupreme Court of Iowa · 1879
- Neeters v. ClementsCourt of Appeals of Kentucky · 1876
- Williams v. RiceSouth Dakota Supreme Court · 1894
3Cited by6 opinions
- Hudson v. ElySupreme Court of Oklahoma · 1912
- Straub v. Lyman Land & Investment Co.South Dakota Supreme Court · 1913
- Lund v. BoothUtah Supreme Court · 1908
- First American Title Co. of South Dakota v. HoweSouth Dakota Supreme Court · 1979
- First American Title Co. of South Dakota v. HoweSouth Dakota Supreme Court · 1979
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