Bright v. Juhl
South Dakota Supreme Court
Appeal from Minnehaha county court; Hon. D. R. Bailey, Judge. Action by H. C. Bright against James C. Juhl. There was a judgment for plaintiff, and plaintiff appeals from an order granting a new trial. The trial court had no jurisdiction to grant the defendant a new trial where more than two years had elapsed from the entry of judgment and the time to appeal from such judgment had expired.
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Appeal from Minnehaha county court; Hon. D. R. Bailey, Judge. Action by H. C. Bright against James C. Juhl. There was a judgment for plaintiff, and plaintiff appeals from an order granting a new trial. The trial court had no jurisdiction to grant the defendant a new trial where more than two years had elapsed from the entry of judgment and the time to appeal from such judgment had expired. Sections 5216, 5326 C. L. Deering v. Johnson, 22 N. W. 174; Richardson v. Rogers, 35 N. W. 270; Fox v. Meachem, 6 Neb., 530; Bonesteel v. Bonesteel, 30 Wis., 151-3; State v. Fleming, 13 la., 443; Murray v.…
1Opinion of the CourtCorson, J.
This is an appeal from an order granting a new trial. The action was brought upon a promissory note, and judgment entered in favor of the plaintiff, and the judgment roll filed on the 17th day of February, 1900. A motion for a new trial was subsequently made and decided on the 24th day of March, 1902, when the motion was granted, and from the order granting the new trial this appeal was taken.
An exception was taken to the order on the ground that more than two years had elapsed since the entry of judgment before the motion for a new trial was made. On February 21, 1902, the following…
2Cases cited11 opinions
- Ayers, Weatherwax & Reid Co. v. SundbackSouth Dakota Supreme Court · 1894
- Conklin v. HindsSupreme Court of Minnesota · 1871
- Martin v. SmithSouth Dakota Supreme Court · 1899
- Opening of Gold Street v. NewtonSupreme Court Of The Territory Of Dakota · 1878
- Richardson v. RogersSupreme Court of Minnesota · 1887
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3Cited by5 opinions
- Garbush v. FireyNorth Dakota Supreme Court · 1916
- Grove v. MorrisNorth Dakota Supreme Court · 1915
- Brown v. ChristensenSouth Dakota Supreme Court · 1926
- State v. KruegerNorth Dakota Supreme Court · 1929
- Altfillisch v. SmithSouth Dakota Supreme Court · 1921