Legal Opinion

Fullerton Lumber Co. v. Tinker

South Dakota Supreme Court

Decided February 11, 1908PublishedCited by 7 opinions

Action by the Fullerton Lumber Company against E. D. Tinker and others. Judgment for plaintiff, and defendant H. B. Williams appeals. On motion to dismiss. Denied conditionally. Hon E. G. Smith, Judge.

1Opinion of the CourtHaney, P. J.

Respondent moves to dismiss the appeal in this action on the following grounds: “ (I) That appellant has not served any $250 bond. (2) That the bond served has been set aside by the order of the court. (3) No new bond has been served, and the order of the court in reference to the appeal bond has not been complied with. (4) The bond has not been corrected; neither has there been any copy of the bond served upon respondent’s attorney showing the residence of the sureties. (5) That no new bond can now be served, because mere than 10 days have elapsed since the court set aside said order.”…

2Cases cited2 opinions

  1. Mather v. DarstSouth Dakota Supreme Court · 1899
  2. Donovan v. WoodcockSouth Dakota Supreme Court · 1904

3Cited by7 opinions

  1. Aldrich v. Public Opinion Pub. Co.South Dakota Supreme Court · 1911
  2. Vitek v. Bon Homme County Board of CommissionersSouth Dakota Supreme Court · 2002
  3. Bison Township v. Perkins CountySouth Dakota Supreme Court · 2002
  4. Haines v. WaiteSouth Dakota Supreme Court · 1932
  5. Tripp v. SielerSouth Dakota Supreme Court · 1917

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