Legal Opinion

Edminster v. Rathbun

South Dakota Supreme Court

Decided June 2, 1892PublishedCited by 5 opinions

Appeal from circuit court, Turner county. Hon. E. G-. Smith, Judge. Action in justice court in forcible entry and detainer. Judgment for plaintiff. Defendant appealed to circuit court. Appeal dismissed. Defendant appeals from judgment of dismissal. Tbe facts are stated in tbe opinion. Sections 6132, 6136, Comp. Laws are not mandatory. Sutb.

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Appeal from circuit court, Turner county. Hon. E. G-. Smith, Judge. Action in justice court in forcible entry and detainer. Judgment for plaintiff. Defendant appealed to circuit court. Appeal dismissed. Defendant appeals from judgment of dismissal. Tbe facts are stated in tbe opinion. Sections 6132, 6136, Comp. Laws are not mandatory. Sutb. Stat. Const. § 446; Harris v. Watkins^ 40 N. W. 536; Bonesteel v. Gardner, 1 Dak. 377; Cody v. Anson, 4 Wis. 244; sections 5235, 6144, Comp. Laws; Norden y. Jones, 33 Wis. 600; Galling y. Harder, 14 Wis. 92; Deming y. Weston, 15 Wis. 259; Holden y.…

1Opinion of the CourtCorson, J.

This action was commenced and tried in a justice-court, a judgment rendered in favor of the plaintiff, and appeal taken by the defendant to the circuit court, where the appeal was dismissed, and defendant appeals from said judgment of dismissal to this court. The case was tried and judgment rendered on December 20, 1890. On December 26th, the defendant served and filed with the justice a notice of appeal, and oh the same day filed an undertaking for costs on appeal, as provided by law, but the justice’s fee of one dollar for making this return was not paid until February 12, 1891. On the…

2Cases cited1 opinion

  1. Rudolph v. HermanSouth Dakota Supreme Court · 1891

3Cited by5 opinions

  1. Brown v. BrownSouth Dakota Supreme Court · 1900
  2. McLaughlin v. MichelSouth Dakota Supreme Court · 1900
  3. F B. Fargo & Co. v. GravesSouth Dakota Supreme Court · 1899
  4. Haukland v. Minneapolis & St. Louis R'y. Co.South Dakota Supreme Court · 1899
  5. Mitchell Fruit & Grocery Co. v. NichollSouth Dakota Supreme Court · 1915

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