Mettel v. Gales
South Dakota Supreme Court
Appeal from circuit court, Aurora county. Hon. Frank JB. Smith, Judge. Action by Jolin Mettel and others, co-pariners, against Mike Gales and others, to recover a balance alleged to be due, for sinking and completing an artesian well. From a judgment in favor of plaintiffs, and from an order denying a new trial, defendant Mike Gales appeals.
1Opinion of the CourtFuller, P. J.
Before proceeding to the merits of this case, we will dispose of a motion to dismiss the appeal for the following reasons: “(1) That a copy of the undertaking on appeal was never served on the respondents, or their attorneys *634or either of them; (2) that the order denying a new trial herein was not entered, and made a permanent record of the court below, until after this appeal was taken.” By respondents’ additional abstract we are referred to the record, which shows due admission of service on the back of the original undertaking, and the objection made to the copy served on the adverse party…
2Cases cited20 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Pierce v. ManningSouth Dakota Supreme Court · 1892
- Gade v. CollinsSouth Dakota Supreme Court · 1896
- Hawkins v. HubbardSouth Dakota Supreme Court · 1892
- Black Hills Nat'l Bank v. KelloggSouth Dakota Supreme Court · 1893
15 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Share v. CoatsSouth Dakota Supreme Court · 1912
- Stephens v. FausSouth Dakota Supreme Court · 1906
- Cughan v. LarsonNorth Dakota Supreme Court · 1904
- Thompson v. Dakota Independent Oil Co.South Dakota Supreme Court · 1939
- Myers v. LongstaffSouth Dakota Supreme Court · 1900
5 more not listed; retrieve them via the Exa API.