Pierre Savings Bank v. Ellis
South Dakota Supreme Court
Appeal from circuit court, Potter county. Hon. Loring E. Gaffy, Judge. Action on promissory notes, Plaintiff had judgment, and defendants appeal. The facts are stated in the opinion. There having been no service of notice of the appeal upon the clerk, the appeal should be dismissed. Valley, etc., Co. v. Schone, 2 S. D. 344; Peck v. Phillips, 4 Dak. 430; 34 N. W. 65; Redhead et al., v. Baker, 80 la. 162; Ind.
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Appeal from circuit court, Potter county. Hon. Loring E. Gaffy, Judge. Action on promissory notes, Plaintiff had judgment, and defendants appeal. The facts are stated in the opinion. There having been no service of notice of the appeal upon the clerk, the appeal should be dismissed. Valley, etc., Co. v. Schone, 2 S. D. 344; Peck v. Phillips, 4 Dak. 430; 34 N. W. 65; Redhead et al., v. Baker, 80 la. 162; Ind. Dist. of Sheldon v. Apperle, 76 la. 238; Sanxy v. Glass Co., 68 la. 542; State v. Rogers, 71 la. 753; Fitzgerald v. Kelso, Id. 731; Smith v. Des Moines, 51 N. W. 253; State v. Clossner,…
1Opinion of the CourtFuller, J.
Upon the ground that the .notice of appeal was never served on the clerk of the court in which the judg *252ment appealed from was entered, respondent moves to dismiss this appeal. From the record it appears that the original notice of appeal was delivered by one of appellant’s attorneys to the clerk with the direction that the safne be filed, and, although the affidavits offered in resistance of the motion to dismiss recite “that such service was made by delivering to and leaving with said clerk of court said notice of appeal in writing, ” no service was had upon, or admission thereof obtained…
2Cases cited1 opinion
- Valley City Land & Irrigation Co. v. SchoneSouth Dakota Supreme Court · 1891
3Cited by1 opinion
- State v. ArcherdOregon Supreme Court · 1933