Houser v. Nolting
South Dakota Supreme Court
Appeal from circuit court, Roberts county. Hon. A. W. Campbell, Judge. Action by Ed. Houser against J. H. Nolting. From a judgment of the circuit court dismissing defendant’s appeal from a justice of the peace, defendant appeals. The facts sufficiently appear in the opinion.
1Opinion of the CourtCorson, P. J.
This is an appeal from an order of the circuit court dismissing an appeal taken thereto from a judgment rendered by a justice of the peace. The appellant contends that the court below erred in dismissing the appeal — First, because the respondent in the circuit court filed no written motion for the dismissal of the appeal, stating the grounds on which he would rely; second, because .the respondent, in its notice of motion to dismiss the appeal appeared generally, and not specially for the purposes of the motion; third, because the, notice of motion did not point out specifically the ground…
2Cases cited3 opinions
- Minneapolis Threshing Machine Co. v. SkauSouth Dakota Supreme Court · 1898
- Olinger v. LiddleWisconsin Supreme Court · 1882
- Reedy v. HowardSouth Dakota Supreme Court · 1898
3Cited by1 opinion
- Robinson v. GloverSouth Dakota Supreme Court · 1932