Dean v. Seeman
South Dakota Supreme Court
Appeal from Circuit Court, Faulk County. Hon. Joseph H. Bottum, Judge. Action by James O. Dean against Henry J. Seeman, to recover damages for alleged malpractice. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (3) To point three, Appellant cited: Miller v. Toles, 150 N. W. 118; Sawyer v. Beríhold, 134 N. W. 120.
1Opinion of the CourtPo-Ddey, J.
[1] This is an attempted appeal from a judgment and an order overruling motion for a new trial; but more than, a year had elapsed after the entry of the judgment and before the appeal was taken. Therefore, so far as the judgment is concerned, the appeal was too late, under the present statute, and will be disregarded. Section 3147, Code 1919. But the morion for the new trial had been submitted to- the court before the right to appeal from- the judgment had expired. Therefore the trial court did not lose jurisdiction of the case *580upon the expiration of the time for appealing from the judgment,…
2Cases cited7 opinions
- McGraw v. KerrColorado Court of Appeals · 1912
- Zoterell v. ReppMichigan Supreme Court · 1915
- Farrell v. HazeMichigan Supreme Court · 1909
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
- Snearly v. McCarthySupreme Court of Iowa · 1917
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3Cited by20 opinions
- Wright v. ConwayWyoming Supreme Court · 1925
- Block v. McVaySouth Dakota Supreme Court · 1964
- Hansen v. IsaakSouth Dakota Supreme Court · 1945
- Kramer v. SIOUX TRANSIT, INC.South Dakota Supreme Court · 1970
- Byre v. WieczorekSouth Dakota Supreme Court · 1974
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