Daley v. Forsythe
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. William Gardner, Judge. Action by Patrick Daley against John Forsythe and Frank Brown. There was judgment for defendants, and from an order denying a motion for fixing a time to move for new trial the plaintiff appealed. Respondents moved to dismiss the appeal. The facts are stated in the opinion.
1Opinion of the CourtHaney, J.
It appears from the abstract, upon which causes are heard in this court — Noyes v. Lane, 2 S. D. 55, 48 N. W. 322; Bem v. Bem, 4 S. D. 138, 55 N. W. 1102; Cleveland v. Evans, 5 S. D. 53, 58 N. W. 8; Peart v. Railway Co. (S. D.) 67 N. W. 837 — that a trial of this action resulted in a judgment for defendants, of dismissal and for costs, Plaintiff gave notice of intention to move for a new trial, designating the sixth and seventh statutory grounds, and th&t the motion would be made upon a bill of exceptions. No bill was settled, nor was the motion for a new trial heard. Subsequently plaintiff…
2Cases cited7 opinions
- Champion v. Board of County Commissioners of Minnehaha CountySupreme Court Of The Territory Of Dakota · 1889
- Bem v. BemSouth Dakota Supreme Court · 1893
- Peart v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1896
- Bailey v. ScottSouth Dakota Supreme Court · 1890
- Noyes v. LaneSouth Dakota Supreme Court · 1891
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3Cited by2 opinions
- Phenix Ins. Co. of Brooklyn v. PerkinsSouth Dakota Supreme Court · 1905
- Daley v. ForsytheSouth Dakota Supreme Court · 1898