McCarthy v. Speed
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. William Gardner, Judge. This was an action to determine adverse mining claims. Judgment was entered for defendants and plaintiff appealed. On the original hearing the judgment was reversed and a new trial ordered.
1Opinion of the CourtHaney, J.
The issues involved in this action are stated in our former decision. 11 S. D. 862; 77 N. W. 590. Upon the argument on re-hearing, respondents moved to dismiss for the following reasons: (1) Because the order denying a new trial was not entered when the appeal was taken; and (2) because since the appeal was taken all the ground in controversy has been conveyed by defendants to a corporation to which a patent has been issued by the U. S. government. It has been frequently held by this court that where the appeal is from the judgment and an order made after judgment, and the order has never…
2Cases cited4 opinions
- Turner v. SawyerSupreme Court of the United States · 1893
- Suessenbach v. First Nat. BankSupreme Court Of The Territory Of Dakota · 1889
- McCarthy v. SpeedSouth Dakota Supreme Court · 1898
- McCormick Harvesting Machine Co. v. WoulphSouth Dakota Supreme Court · 1898
3Cited by2 opinions
- Stevens v. Grand Central Min. Co.Court of Appeals for the Eighth Circuit · 1904
- MacGregor v. PierceSouth Dakota Supreme Court · 1903