Silvius v. Brunsvold
South Dakota Supreme Court
Appeal from Municipal Court of City of Sioux Falls, Hon Alpha F. Ore, Judge. Action by M. E. Silvius against O. K. Brunsvold. From an order vacating a default judgment and allowing defendant to answer and defend, on terms, plaintiff appeals. On defendant’s motion to dismiss the appeal. The order of June 20th, 1913, (pp. 4 & 5 of Res.
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Appeal from Municipal Court of City of Sioux Falls, Hon Alpha F. Ore, Judge. Action by M. E. Silvius against O. K. Brunsvold. From an order vacating a default judgment and allowing defendant to answer and defend, on terms, plaintiff appeals. On defendant’s motion to dismiss the appeal. The order of June 20th, 1913, (pp. 4 & 5 of Res. Abs.) injects into the case something entirely foreign to the case, as it stood when appellant perfected his appeal, and appellant had the right to assume, when he perfected his appeal, that he had included in his abstract and brief everything that was in the…
1Opinion of the CourtWhiting, J.
[1] Plaintiff appealed from an order of the trial court vacating a default judgment and allowing defendant to answer and 'defend upon payment of certain terms therein fixed. Respondent moves the dismissal of said appeal upon the ground that said terms have been paid to. and accepted by appellant, and that therefore appellant has waived or abandoned his right to appeal from such order. Under the holding of this court in Lounsbery v. Erickson, 16 S. D. 375, 92 N. W. 1071, appellant, if he accepted and retained the terms allowed, him in said order, forfeited any right to question the correctness…
2Cases cited1 opinion
- Lounsbery v. EricksonSouth Dakota Supreme Court · 1902
3Cited by8 opinions
- Ward v. CharltonSupreme Court of Virginia · 1941
- Clarke v. County of BeadleSouth Dakota Supreme Court · 1918
- Pennock v. PennockSouth Dakota Supreme Court · 1984
- Bohl v. BohlSouth Dakota Supreme Court · 1948
- Siedenburg v. SommerfeldSouth Dakota Supreme Court · 1958
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