Legal Opinion

Todd v. Burger

South Dakota Supreme Court

Decided May 24, 1913PublishedCited by 1 opinion

Appeal from Circuit Court, Brule County. Lion. Frank B. Smith, Judge. Action by Charles Todd against Fred P. Burger and another. From a judgment for plaintiff, defendants appeal. Appellant’s procedure on this appeal has been -so faulty that he is not entitled to have the merits of the case considered, and the judgment should be affirmed because of irregularities in procedure alone.

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Appeal from Circuit Court, Brule County. Lion. Frank B. Smith, Judge. Action by Charles Todd against Fred P. Burger and another. From a judgment for plaintiff, defendants appeal. Appellant’s procedure on this appeal has been -so faulty that he is not entitled to have the merits of the case considered, and the judgment should be affirmed because of irregularities in procedure alone. Chapter 15 Law-s 1911; State v. Doran, 134 N. W- S3- _ ' _ His brief at no point either in the purported statement of facts or in the argument discloses any assignment -of errors, and for this reason alone the…

1Opinion of the CourtMcCOY, J.

In this case there are no assignments of error contained in appellant’s brief. The record is .clearly within the rule heretofore announced by this court in State v. Doran, 28 S. D. 486, 134 N. W. 53; Dring v. St. Lawrence Tp., 140 N. W. 264; Sanford et al. v. Helgerson, 141 N. W. 390.

The judgment and order appealed from are affirmed.

2Cases cited3 opinions

  1. State v. DoranSouth Dakota Supreme Court · 1912
  2. Sanford v. HelgersonSouth Dakota Supreme Court · 1913
  3. McEwen v. GotthelfSouth Dakota Supreme Court · 1913

3Cited by1 opinion

  1. Inlagen v. Town of GarySouth Dakota Supreme Court · 1914

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