Holden v. Haserodt
South Dakota Supreme Court
This case was first before this court at the April term, 1891, upon a motion to dismiss the appeal. The motion to dismiss was allowed. 2 S. D. 220, 49 N. W. 97. In this opinion, while the court considers the merits of the appeal, the former opinion is adhered to. The judge of the eighth circuit had no power to hear and determine in his own circuit a proceeding of the seventh circuit. Section 29, art. 5, Const.
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This case was first before this court at the April term, 1891, upon a motion to dismiss the appeal. The motion to dismiss was allowed. 2 S. D. 220, 49 N. W. 97. In this opinion, while the court considers the merits of the appeal, the former opinion is adhered to. The judge of the eighth circuit had no power to hear and determine in his own circuit a proceeding of the seventh circuit. Section 29, art. 5, Const. S. D.; Wallace v. Railroad, 24 Pac. 626; Dunn v. Travis, 26 Pac. 247; Ensenman v. Shearer, 2 Dak. 340; section 4890, Comp. Laws; chapter 79, Sess. Laws 1890. The peremptory writ of…
1Opinion of the CourtKellam, P. J.
This case first came before this court on motion to dismiss the appeal, which was presented and decided at the April term, 1891, and is reported in 49 N. W. Rep. 97, where the facts appear. The motion was passed upon without very thorough argument; and a rehearing was granted to allow counsel to present the question of the constitutionality of' chapter 79, Laws 1890, referred to in the former opinion, and to further discuss its proper construction, if held valid. The law (chapter 79) is as follows: “It is hereby made the duty of the several circuit court judges of this state, when not…
2Cases cited3 opinions
- Hubbell v. McCourtWisconsin Supreme Court · 1878
- Territory ex rel. Eisenmann v. ShearerSupreme Court Of The Territory Of Dakota · 1880
- Holden v. HaserodtSouth Dakota Supreme Court · 1891
3Cited by9 opinions
- State v. WilsonSouth Dakota Supreme Court · 2000
- Black Hills Flume & Mining Co. v. Grand Island & W. C. R.South Dakota Supreme Court · 1892
- State ex rel. McGregor v. YoungSouth Dakota Supreme Court · 1894
- Winner Milling Co. v. Chicago & North Western Railway Co.South Dakota Supreme Court · 1921
- Griffin v. Board of County CommissionersSouth Dakota Supreme Court · 1905
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