McClain v. Williams
South Dakota Supreme Court
Appeal from circuit court, Hutchinson county. Hon. E. G. Smith, Judge. Action in claim and delivery. Plaintiff had judgment and defendant appealed. In an opinion reported in 10 S. D. 332, 75 N. W. 391, the appeal was dismissed.
1Opinion of the CourtCorson, P. J.
Respondent moved to dismiss the appeal in this case upon the ground that, under the provisions of Chapter 55, Laws 1897, no appeal lies from the judgment ap: pealed from. The motion was granted, and the opinion on the motion is reported in 73 N. W. 72. A petition for a rehearing was filed, calling the attention of the conrt to Section 34, Article 5 of the state constitution, which was not considered by the court on the motion to dismiss. A rehearing was granted, and the question of constitutionality of the act of 1'897, 'in view of the provisions of section 34 will now be considered. The sec*61ti…
2Cases cited3 opinions
- McClain v. WilliamsSouth Dakota Supreme Court · 1897
- Kingsbury v. SperryIllinois Supreme Court · 1887
- Dawson v. EusticeIllinois Supreme Court · 1894
3Cited by7 opinions
- Wegleitner v. SattlerSouth Dakota Supreme Court · 1998
- Blackmarr v. City Court of Salt Lake CityUtah Supreme Court · 1934
- State v. SextonSouth Dakota Supreme Court · 1898
- In re the Assignment of H. K. Roberg & Co.Hamilton Circuit Court · 1899
- In re the Assignment of Roberg & Co.Ohio Circuit Courts · 1899
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