Sands v. Cruickshank
South Dakota Supreme Court
Appeal from circuit comt, Lawrence county. Hon. A. J. Plowman, Judge. Action by Martin Sands against Alexander Cruickshank and another. Plaintiff appeals from an order granting a new trial. Heard on motion to dismiss appeal.
1Opinion of the CourtHaney, J.
Respondents noticed two motions to dismiss this appeal. When they were called for hearing, appellant appeared specially, and objected to the hearing of either motion on the ground that the record had not been transmitted to the clerk of this court, and also objected to the hearing of one of the motions on the ground that notice thereof had not been served at least eight days before the day appointed for the hearing, as required by the rules of this court. The latter objection was sustained. Smith v. Hawley, 11 S. D. 399, 78 N. W. 355. Thereupon appellant asked leave to file an additional…
2Cases cited4 opinions
- Granger v. RollSouth Dakota Supreme Court · 1895
- Mather v. DarstSouth Dakota Supreme Court · 1899
- Smith v. HawleySouth Dakota Supreme Court · 1899
- State v. WelbesSouth Dakota Supreme Court · 1898
3Cited by3 opinions
- Thomas Kane & Co. v. Hughes CountySouth Dakota Supreme Court · 1900
- Collins v. Gladiator Consolidated Gold Mining & Milling Co.South Dakota Supreme Court · 1905
- State v. WhistlerSouth Dakota Supreme Court · 2014