Legal Opinion

Baskerville v. Thomas

South Dakota Supreme Court

Decided October 23, 1913Published

Appeal from Circuit Court, Brown Count)-. Hon. Frank McNulty, Judge. Action by M. R. Baskerville against _R. F. Thomas and another. From a judgment for defendants,-and from an order denying a new trial, plaintiff appeals.

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Appeal from Circuit Court, Brown Count)-. Hon. Frank McNulty, Judge. Action by M. R. Baskerville against _R. F. Thomas and another. From a judgment for defendants,-and from an order denying a new trial, plaintiff appeals. That assignments of error were necessary-had been the settled doctrine of this court since its institution, and the court had in numerous cases subsequent to the 1911 law,, and immediately prior thereto, held that no case could be reviewed by the Supreme Court without assignments of error. Andrews v. Bank (S. D.) 127 N. W. '536; State v. John, (S'. D.) 127 N. W. 470; Wilson…

1Opinion of the CourtSmith, J.

A preliminary matter muse first be disposed of in connection with this appeal. The action was tried to a jury, and on March 7, 1912, a verdict for defendant was returned by direction of the court, upon which judgment was entered March 8, 1912. The appeal is from the judgment and an order overruling motion for a new trial. Appellant’s brief was filed December 6, 1912, and respondent’s brief January 9, 1913. At the opening of respondent’s brief, objections were made to the consideration of any matters sought to be reviewed on appeal, among which was the specific objection that no assignments of…

2Cases cited4 opinions

  1. State v. DoranSouth Dakota Supreme Court · 1912
  2. Dring v. St. Lawrence Twp.South Dakota Supreme Court · 1913
  3. Sanford v. HelgersonSouth Dakota Supreme Court · 1913
  4. State v. JohnsSouth Dakota Supreme Court · 1910

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