Myers v. Mitchell
South Dakota Supreme Court
Appeal from district court, Beadle county. Hon. James Spencer, Judge. The nature of the proceedings and the facts so far as material are stated in the opinion. It is essential to the validity of a judgment that it be rendered by a court of competent jurisdictiction at the time an"d place and in the form prescribed by law.
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Appeal from district court, Beadle county. Hon. James Spencer, Judge. The nature of the proceedings and the facts so far as material are stated in the opinion. It is essential to the validity of a judgment that it be rendered by a court of competent jurisdictiction at the time an"d place and in the form prescribed by law. It was error for the court in this case to try and determine this cause at a term of the district court in and for Beadle county, begun and held upon a day other than the day fixed by law for holding terms of the district court in and for that county, and continuing such…
1Opinion of the CourtKellam, J.
This action was originally commenced in justice court, where the defendant had judgment. Prom this judgment plaintiff appealed to the district court, and demanded a new trial. Upon this appeal the cause was on the trial calendar of the district court for Beadle county at a term of said court begun and held on the 25th day of February, 1889. On the 23d day of March, 1889, of said term, being regularly reached for trial, the cause was called. The defendant responded, and was ready for trial, but the plaintiff and appellant, was not present, and did not respond either in person or by attorney.…
2Cases cited1 opinion
- Burton v. Estate of BarlowSupreme Court of Vermont · 1883
3Cited by5 opinions
- In re NelsonSouth Dakota Supreme Court · 1902
- Kennedy v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1911
- Saunders v. HarrisNorth Dakota Supreme Court · 1912
- Pollard v. Fidelity Fire Ins.South Dakota Supreme Court · 1891
- Saunders v. HarrisNorth Dakota Supreme Court · 1912