Legal Opinion

Karr v. Chicago & North-Western Ry. Co.

Supreme Court Of The Territory Of Dakota

Decided May 15, 1887PublishedCited by 1 opinion

APPEAL from tlie district court, Hughés'. county; Hon. Seward Smith, Judge. This is an appeal from an order dismissing an appeal from a justice of the peace on the ground of the insufficiency'of the notice. The notice- was as follows: “Territory of Dakota, In Justice Court, County of Hughes, Before Jas. I. Houtz, J. P. t Notice of Appeal from Judgment of Justice of the Peace.

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APPEAL from tlie district court, Hughés'. county; Hon. Seward Smith, Judge. This is an appeal from an order dismissing an appeal from a justice of the peace on the ground of the insufficiency'of the notice. The notice- was as follows: “Territory of Dakota, In Justice Court, County of Hughes, Before Jas. I. Houtz, J. P. t Notice of Appeal from Judgment of Justice of the Peace. “ Please take notice that the defendant and appellant in the above-entitled action, appeals from the judgment entered therein on the 5th day of August, 1881, in favor of the plaintiff and against the defendant for…

1Opinion of the Court

The Court :

Reversed upon the ground that the court erred in dismissing the appeal, and in declining to entertain jurisdiction of the case, and determine the questions of law apparent of record and raised by the appeal.

All the justices concurring.

2Cited by1 opinion

  1. Carlson v. ReedSouth Dakota Supreme Court · 1913

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