Collins v. Gladiator Consolidated Gold Mining & Milling Co.
South Dakota Supreme Court
Appeal from circuit court, Custer county; Hon. Levi McGee, Judge. Action by John A. Collins against the Gladiator Consolidated Gold Mining and Milling Company. From a judgment for plaintiff, defendant appeals. On motion to dismiss.
1Opinion of the CourtHaney, J.
This is an appeal from a judgment of the circuit court taken within two years after the filing of the judgment roll. A former appeal in the same action was dismissed because of appellant’s failure to prosecute such appeal according to the rules of this court. Respondent now moves to dismiss on the grounds (1) that the present appeal presents no question for determination, (2) that it was taken merely for delay, and (3) that it deprives him of the benefits of the for-, mer dismissal.
Whether the judgment roll presents reversible error is a *360question for consideration on the merits, not on a…
2Cases cited2 opinions
- Schmeer v. SchmeerOregon Supreme Court · 1888
- Sands v. CruickshankSouth Dakota Supreme Court · 1899
3Cited by3 opinions
- Stimson v. StimsonNorth Dakota Supreme Court · 1915
- Carlberg v. FieldsSouth Dakota Supreme Court · 1914
- State v. RosserOregon Supreme Court · 1939