Smith v. Coffin
South Dakota Supreme Court
Appeal, from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action by Lelia L. Smith against Fred F. B. Coffin. From an order refusing to dismiss plaintiff’s appeal from a justice’s court, defendant appeals. The facts are fully stated in the opinion.
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Appeal, from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action by Lelia L. Smith against Fred F. B. Coffin. From an order refusing to dismiss plaintiff’s appeal from a justice’s court, defendant appeals. The facts are fully stated in the opinion. To effectuate an appeal from a judgment of a justice of the peace three things are necessary, viz: the filing of the notice of appeal with the justice, the service of a copy of the notice of appeal upon the adverse party, and the filing of a written undertaking; and these things must be done within thirty days after the rendition of…
1Opinion of the CourtCorson, P. J.
This is an appeal from an order made by the circuit court denying the defendant’s motion in that court to dismiss the appeal from the justice’s court, and granting plaintiff’s motion for leave to file an undertaking on appeal in *504that court. A judgment was rendered in the justice’s court in favor of the defendant for his costs. The plaintiff attempted to take an appeal to the circuit court from the judgment by-serving and filing a notice of appeal and depositing with the justice the amount of the judgment for costs. The notice of appeal was served January 25th., but no undertaking on appeal…
2Cases cited1 opinion
- McDonald v. ParisSouth Dakota Supreme Court · 1896
3Cited by11 opinions
- Aldrich v. Public Opinion Pub. Co.South Dakota Supreme Court · 1911
- Gray v. State Ex Rel. Attorney GeneralSupreme Court of Alabama · 1965
- Brown v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1898
- Richardson v. CampbellNorth Dakota Supreme Court · 1899
- Brown v. BrownSouth Dakota Supreme Court · 1900
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