Aultman, Miller & Co. v. Nelson
South Dakota Supreme Court
Appeal from circuit court, Brookings county. Blon. Julian Bennett, Judge. Action in a justice court by Aultman, Miller & Co., a corporation, against Andrew Nelson and Niels. Jenson. From a judgment for plaintiff, defendant Jenson appealed to the circuit court; and from an order therein overruling a motion to dismiss the appeal, plaintiff appeals. The facts are stated in the opinion.
1Opinion of the CourtFuller, J.
This appeal from an order overruling a motion to dismiss an appeal to the circuit court from a judgment of a justice of the peace, which, including costs, amounts to $108.88, presents the sufficiency of an undertaking in the sum of $220, conditioned “that the appellant will pay the amount of the judgment appealed from, and all costs on said appeal, if the appeal be withdrawn or dismissed, and a judgment is rendered against the appellant in the appellate court, and will pay the amount of any judgment and all costs that may be recovered against said appellant in the action in the circuit court…
2Cited by4 opinions
- Doering v. JensenSouth Dakota Supreme Court · 1902
- Aultman, Miller & Co. v. NelsonSouth Dakota Supreme Court · 1899
- Aultman, Miller & Co. v. NelsonSouth Dakota Supreme Court · 1899
- Byrne v. Ochsner Hardware Co.South Dakota Supreme Court · 1912