Hepner v. Wheatley
South Dakota Supreme Court
Appeal from Circuit Court, Miner County. Hon. Arva E. Tayror, Judge. Action by John S. Hepner against Grant Wheatley. From a judgment for plaintiff, and from an -order denying a new trial, defendant appeals.
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Appeal from Circuit Court, Miner County. Hon. Arva E. Tayror, Judge. Action by John S. Hepner against Grant Wheatley. From a judgment for plaintiff, and from an -order denying a new trial, defendant appeals. It is not necessary that appellant’s -brief contain a statement thialt a notice of .appeal was filed and) -served, or that an undertaking was given and filed, or that any appeal was taken, of that the record was settled by the trial judge for the reason: None of these showings in the- brief, is required by statute. -The- statute, Chapter 174, Eaws 1913, makes -it the duty of clerk of…
1Opinion of the Court
WHITING. P. J.
[1] Respondent seeks an order striking appellant’s brief from the files of this court, and -he urges, as grounds for such an order: (1) That the said brief was not printed in conformity with rule 10 of the rules of this court (140 N. W. ix); in that “said brief contains but 26 lines instead of 28” to the printed page; (2) “that no reference is made in said brief as to the service of a notice of appeal upon the respondent’s attorney, or upon the clerk of the circuit court, * * * nor is any reference in said brief made to the giving, filing, or service of an undertaking on appeal,…
2Cases cited1 opinion
- State ex rel. Curtis v. PoundSouth Dakota Supreme Court · 1913
3Cited by26 opinions
- Ekern v. EricksonSouth Dakota Supreme Court · 1916
- Berke v. McCook CountySouth Dakota Supreme Court · 1917
- Sweeney v. HewettSouth Dakota Supreme Court · 1914
- Alma Group, L.L.C. v. WeissSouth Dakota Supreme Court · 2000
- O'Lein v. WinesburgSouth Dakota Supreme Court · 1927
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