Bradey v. Mueller
South Dakota Supreme Court
Appeal from Circuit Court, Campbell County. Hon. Lyman T. Boucher, Judge. Action by James G. Bradey against Nick Mueller. From a judgment for plaintiff in the circuit court, on appeal from a judgment of a justice of the peace, defendant appeals.
1Opinion of the CourtCorson, J.
This is- an appeal by the defendant from a judgment rendered by the circuit court of Campbell county affirming the judgment of the justice of the peace in favor of the plaintiff.
The assignments of error relied on are as follows: “That the justice court was without jurisdiction to try the (case, for the reason that the summons as issued did not comply with the provisions of section 13, Rev. Justice Code, in that it contained a notice that, unless the defendant appeared and answered, the plaintiff would take judgment for a sum certain, instead of containing a notice *536that the plaintiff would…
2Cases cited2 opinions
- McCoun v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1872
- Berry v. BingamanSouth Dakota Supreme Court · 1891
3Cited by1 opinion
- Balk v. SachsSouth Dakota Supreme Court · 1923