Kippen v. Grant County Milling Co.
South Dakota Supreme Court
Appeal from' Circuit Court, Grant County. Hon. Joseph H. Bottom, Judge. • Action by Thomas Ki-ppen against the Grant County Milling Company. From a judgment for plaintiff, and from an order ■denying a new trial, defendant appeals.
1Opinion of the CourtMcCOY, P. J.
[1,2] In this case the appellant moves this court: (1) To extend the time within which appellant may file exceptions to -the instructions of the court to the jury; (2) to extend the time for settlement of - what it terms to be a “bill of exceptions”; (3) to settle such “bill of exceptions.” We are of the view that this motion should in all things be denied. The only ground upon which the trial court has refused to settle the record it because of its supposed w-ant of jurisdiction so to do owing to the cause having been appealed to this court. We are of the *221view that the trial court before…
2Cases cited1 opinion
- State ex rel. Rearick v. LeggettSouth Dakota Supreme Court · 1913