Legal Opinion

Hayden v. City of Sisseton

South Dakota Supreme Court

Decided March 12, 1919No. File No. 4458PublishedCited by 2 opinions

Appeal from Circuit Court, Roberts County. Ho-n. Thomas-h. Bouck, Judge. Action by Joseph H. Hayden, against the City of Sisseton, to-recover upon municipal bonds. From- a judgment for defendant, and from an order denying a new -trial, plaintiff appeals.

1Opinion of the CourtSmith, P. J.

[i] Appeal from a judgment entered Sept. 12, 1916, and from an order denying a new trial. The appeal •was perfected .'September 7, 1918. The time' for appeal had then-expired, and this -court is without jurisdiction to entertain the appeal from- the judgment. The appeal from the order overruling-the motion for a new trial was taken within 60 days after the filing of the order, and is before us for consideration. Port Huron v. Zickrick, 25 S. D. 475, 127 N. W. 646; Carlberg v. Field, 31 S. D. 209, 140 N. W. 267.

*415[2, 3] There are ten assignments of error, five of which are abandoned'by appellant…

2Cases cited6 opinions

  1. Stephens v. FausSouth Dakota Supreme Court · 1906
  2. In re Estate of RobertsSouth Dakota Supreme Court · 1919
  3. Anderson v. Standard Accident Insurance Co. of DetroitSouth Dakota Supreme Court · 1915
  4. Carlberg v. FieldSouth Dakota Supreme Court · 1913
  5. Northwestern Port Huron Co. v. ZickrickSouth Dakota Supreme Court · 1910

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3Cited by2 opinions

  1. Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
  2. Miller v. National Benefit Ass'n.South Dakota Supreme Court · 1942

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