Sorg v. Wells
South Dakota Supreme Court
Appeal from Circuit Court, Spink County. Hon. Alva E. TayloR, Judge. On motion to have the original record returned to trial court to settle bill of exceptions.
Read the full summary
Appeal from Circuit Court, Spink County. Hon. Alva E. TayloR, Judge. On motion to have the original record returned to trial court to settle bill of exceptions. The affidavit of M. Moriarty states that good 'cause exists and did exist at the time the trial court made the order fixing a date for settling the record, and that the omission to make 'a formal showing and give notice of the application for such order arose wholly from the fact that counsel for appellants did not construe the statutes and- decisions of this court as requiring notice and formal showing of cause by affidavits, and on…
1Opinion of the CourtMcCOY, J.
This is a motion by way of order to show cause, on the part of appellant, to have the original record returned to the lower court, to the end that a bill of exceptions may be set-led. The facts as to prior procedure appears in Sorg v. Wells, 32 S. D. -, 141 N. W. 384. The former opinion in this case striking the bill of exceptions was based on the ground that the trial court had lost jurisdiction to settle the bill of exceptions, in the absence of good cause shown, as held in McGillycuddy v Morris, 7 S. D. 592, 65 N. W. 15.
[1] After the time for settling a bill of exceptions has expired,…
2Cases cited2 opinions
- Sherin v. EastwoodSouth Dakota Supreme Court · 1913
- Sorg v. WeelsSouth Dakota Supreme Court · 1913