Bank of Iowa & Dakota v. Oliver
South Dakota Supreme Court
Appeal from circuit court, Sanborn county. Hon. Frank B. Smith, Judge. Action by the Bank of Iowa and Dakota against John Oliver and M. M. Price. From an adverse judgment, defendant Price appealed, and he now makes application to amend his abstract.
1Opinion of the CourtHaney, J.
Appellant applies, upon notice, to amend his abstract by adding thereto an order of the circuit court, denying his motion for a new trial, made August 9, 1898. The appeal was taken September 18, 1898. Appellant’s application is supported by the affidavit of his attorney, from which it appears that the order denying a new trial was entered after this appeal was taken, by order of the circuit court, as of a date prior to the taking of the appeal.
It is held in the case of Martin v. Smith, decided at this term, 11 S. D. 437, 78 N. W. 1001, that no appeal lies until the judgment or order has been…
2Cases cited1 opinion
- Martin v. SmithSouth Dakota Supreme Court · 1899
3Cited by3 opinions
- Goodman v. MevorahNorth Dakota Supreme Court · 1953
- Stephens v. FausSouth Dakota Supreme Court · 1906
- Hughes v. StearnsSouth Dakota Supreme Court · 1900