Tschetter v. Heiser
South Dakota Supreme Court
Appeal from circuit court, Hutchinson county. Hon. E. G. Smith, Judge. Action in claim and delivery. From a judgment in justice’s court for plaintiff, defendant appealed to the circuit court, where the judgment was reversed, and plaintiff appeals. The facts are stated in the opinion. The circuit court had no jurisdiction of the subject matter, for the reason that no statement on appeal was filed or settled by the justice. § 6130, Comp. Laws.
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Appeal from circuit court, Hutchinson county. Hon. E. G. Smith, Judge. Action in claim and delivery. From a judgment in justice’s court for plaintiff, defendant appealed to the circuit court, where the judgment was reversed, and plaintiff appeals. The facts are stated in the opinion. The circuit court had no jurisdiction of the subject matter, for the reason that no statement on appeal was filed or settled by the justice. § 6130, Comp. Laws. The provisions of Sec. 6130, Comp. Laws, are directory and not mandatory. Carr v. Railroad, 6 Dak. 15.
1Opinion of the CourtCorson, P. J.
This is an appeal from a judgment of the circuit court reversing the judgment of the justice’s court in this action. The only question we shall consider is the one of the authority of the circuit court to render the judgment of reversal upon the appeal from the justice’s court. The action in the justice’s court was one in claim and delivery. The action was commenced, the usual affidavit and order for taking the property made, and summons issued and served. The complaint in the action seems to have been an oral one, and the substance entered in the justice’s docket. To the complaint an answer…
2Cases cited1 opinion
- People ex rel. Jones v. Cty. Court of El DoradoCalifornia Supreme Court · 1858
3Cited by3 opinions
- Aldrich v. RamoeSouth Dakota Supreme Court · 1906
- Carlson v. ReedSouth Dakota Supreme Court · 1913
- City of Chamberlain v. PutnamSouth Dakota Supreme Court · 1897