Opening of Gold Street v. Newton
Supreme Court Of The Territory Of Dakota
Appeal from the District Court of Lavirmce County. On the twentieth day of August, 1878, come the respondents in the above entitled cause, for the purpose of this motion only, by their attorney, W. H. Parker, and move the Court to dismiss the appeal in said cause, for the reason that said Court has not jurisdiction to try and determine the same, for that á notice of appeal was not served.
1Opinion of the CourtShannon, C. J.
It is provided, by section 409 of the Code of Civil Procedure, that if the appellant fail to cause the requisite papers to be transmitted to the Supreme Court, the appeal- may be dismissed. The requisite papers are clearly prescribed in section 408, and in the rules of this court: First, there must be a certified copy of the notice of appeal. (Rules 4 and 8 of Supreme Court.)
By section 403 of chapter 16, same Code, it is enacted that “the modes of reviewing a judgment or order in a civil action shall be those prescribed by this chapter.” By section 407 it is declared that “ an appeal must be…
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