Brown v. Brown
South Dakota Supreme Court
Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. Action by George Brown against Albert Brown. Judg ment for defendant. Plaintiff appeals. The facts are stated in the opinion. The deposit of the amount of the judgment and costs did not obviate the necessity of giving the undertaking for costs required by Section 6133, Comp. Laws, to make an appeal from a justice of the peace effectual for any purpose.
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Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. Action by George Brown against Albert Brown. Judg ment for defendant. Plaintiff appeals. The facts are stated in the opinion. The deposit of the amount of the judgment and costs did not obviate the necessity of giving the undertaking for costs required by Section 6133, Comp. Laws, to make an appeal from a justice of the peace effectual for any purpose. The circuit court therefore did not acquire any jurisdiction of the case. Smith v. Coffin, 70 N. W. 636. The general appearance of the plaintiff in the circuit court was…
1Opinion of the CourtCorson, J.
This was an action commenced in a justice court, in which a judgment was rendered in favor of the plaintiff. The defendant attempted to appeal to the circuit court from the judgment so entered against him. The case was tried in the circuit court, and the plaintiff again recovered judgment. A new trial was granted, and subsequently thereto the plaintiff moved for a dismissal of the appeal. It appears that this motion was denied, but no exception seems to have been taken by the plaintiff to the order denying the motion. Subsequently the case was retried in the circuit court, and verdict and…
2Cases cited6 opinions
- Rudolph v. HermanSouth Dakota Supreme Court · 1891
- Brown v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1898
- Black Hills Flume & Mining Co. v. Grand Island & W. C. R.South Dakota Supreme Court · 1892
- Smith v. CoffinSouth Dakota Supreme Court · 1897
- McDonald v. ParisSouth Dakota Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
- Ringgold v. GrahamTexas Commission of Appeals · 1929
- Aldrich v. Public Opinion Pub. Co.South Dakota Supreme Court · 1911
- Deardoff v. ThorstensenNorth Dakota Supreme Court · 1907
- Doering v. JensenSouth Dakota Supreme Court · 1902
3 more not listed; retrieve them via the Exa API.