Williams v. Rice
South Dakota Supreme Court
Appeal from circuit court, Hamlin county. Hon. A. W. Campbell, Judge. Application to the circuit court for leave to issue an execution upon a judgment recovered in justice court, a transcript of which had been entered and docketed in the circuit court. From an order granting the application defendant appeals. The facts are stated in the opinion. It is absolutely necessary that all the elements of jurisdiction appear from the record of the proceedings of an inferior court.
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Appeal from circuit court, Hamlin county. Hon. A. W. Campbell, Judge. Application to the circuit court for leave to issue an execution upon a judgment recovered in justice court, a transcript of which had been entered and docketed in the circuit court. From an order granting the application defendant appeals. The facts are stated in the opinion. It is absolutely necessary that all the elements of jurisdiction appear from the record of the proceedings of an inferior court. Grignon v. Astor, 2 How. 319; 4 Am. & E. Ency. Law 453; Swain v. Chase, 12 Cal. 283; Rowley v. Howard, 23 Id. 401; King v.…
1Opinion of the Court
' Fuller, J.
On the 10th day of March, 1886, respondent procured a judgment against appellant in a court of a justice of the peace, which, as shown by the certified transcript thereof filed in the circuit court two days thereafter, is as follows:
‘‘Territory of Dakota, County of Hamlin — ss: Justice Court. Before J. R. Taylor, Justice of the Peace. W. H. Williams, Plaintiff, vs. Easton O. Rice, Defendant. Defendant failing to appear, I therefore render judgment in favor of the *11plaintiff and against the defendant in the sum of one hundred dollars and costs in this action. Judgment rendered March…
2Cases cited4 opinions
- Treptow v. BuseSupreme Court of Kansas · 1872
- Franse v. OwensSupreme Court of Missouri · 1857
- McCoy v. CoxSupreme Court of Iowa · 1880
- Atchison v. RosalipWisconsin Supreme Court · 1851
3Cited by5 opinions
- Garlock v. CalkinsSouth Dakota Supreme Court · 1900
- Holton v. SchmarbackNorth Dakota Supreme Court · 1905
- Froelich v. AylwardSouth Dakota Supreme Court · 1899
- First American Title Co. of South Dakota v. HoweSouth Dakota Supreme Court · 1979
- First American Title Co. of South Dakota v. HoweSouth Dakota Supreme Court · 1979