Labidee v. City of Pierre
South Dakota Supreme Court
Appeal from Circuit 'Court, Hughes County. Hon. John F. Hughes, Judge. - ‘ Action by Zoa Labidee, as Administratrix of the Estate of Leo E. Labidee, deceased, against the City of Pierre, a municipal corporation. From- an order overruling a demurrer to the complaint, defendant appeals. Motion to dismiss appeal.
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Appeal from Circuit 'Court, Hughes County. Hon. John F. Hughes, Judge. - ‘ Action by Zoa Labidee, as Administratrix of the Estate of Leo E. Labidee, deceased, against the City of Pierre, a municipal corporation. From- an order overruling a demurrer to the complaint, defendant appeals. Motion to dismiss appeal. (i) To point one of the opinion, re jurisdiction, Respondent cited: Perkins v. Cooper, 87 California 241, 3 C. J., pages 1074, 1075. (5)' To point five, Respondent cited: Mallory v., See, 129 Cal. 346, at page 358; Gardner v. State, 135 California 118. (6) To point six, Respondent…
1Opinion of the CourtWhiting, J.
Motion to dismiss an appeal from an order overruling a demurrer to a complaint. Our statute (section 3147. Rev. Code 1919) requires that an appeal from an order shall be taken “within sixty days after written notice of the filing of the order shall ihave been given to the party appealing.” Sixty days from the giving of such a notice had not expired when this appeal was taken; but respondent contends that the giving of such notice had been waived more than 60 days before this appeal was taken. Two questions are presented to us: Can a party entitled to such notice waive same? If so, did'…
2Cases cited4 opinions
- Mallory v. SeeCalifornia Supreme Court · 1900
- Granger v. RichardsCalifornia Supreme Court · 1908
- Gardner v. StareCalifornia Supreme Court · 1901
- Braun v. Thuet Bros.South Dakota Supreme Court · 1919
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- Wieczorek v. Farmers' Mutual Hail InsuranceSouth Dakota Supreme Court · 1933
- People in Interest of TC, Etc.South Dakota Supreme Court · 1979
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