Moody v. Lambert
South Dakota Supreme Court
Appeal from circuit court, Potter county; Hon. LoringE. Gaffy, Judge. Action by L. W. Moody against J. L. Lambert, as county treasurer of Potter county, and another. Prom a judgment dismissing the action for want of prosecution, plaintiff appeals.
1Opinion of the CourtPuller, J.
Pursuant to notice given in open court at the commencement of a trial term convening on the 21st day of October, 1902, counsel for plaintiff moved to strike this cause from the calendar for reasons stated in substance as follows: That the defendants’ notice of trial was served before issue was joined, and too late to entitle the cause to be placed upon such calendar; that the note of issue furnished the clerk “no*573where states what the issue is that is to be tried;” and that the same is vitally defective- in certain other particulars therein specified, but which need not be mentioned here,…
2Cited by3 opinions
- Anderson v. LambertSouth Dakota Supreme Court · 1907
- Moody v. LambertSouth Dakota Supreme Court · 1905
- Pathman v. WilliamsNorth Dakota Supreme Court · 1916