Martin v. Smith
South Dakota Supreme Court
Appeal from circuit court, Miner county. Hon. Frank B. Smith, Judge. Action by L. J. Martin and another against Hugh Smith, sheriff of Miner county, and others. From a judgment for plaintiffs, and an order denying a new trial, defendants appeal. Motion to dismiss appeal. The facts are stated in the opinion.
1Opinion of the CourtHaney, J.
In . this action plaintiffs seek to recover possession of certain personal property taken from them by the sheriff, under a writ of attachment against the property of one Michael Keller. At the close of all the testimony, the court directed a verdict in favor of plaintiffs. Defendants attempted to appeal from the judgment and order denying a new trial. The appeal was taken June 28, 1897. At that time the order denying defendant’s motion for a new trial had not been entered, nor had the papers constituting the judgment roll been attached together and filed in the clerk’s office. On September…
2Cases cited9 opinions
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- Chamberlain v. HedgerSouth Dakota Supreme Court · 1897
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