Jackson v. Berndt
South Dakota Supreme Court
Appeal from Circuit Court Gregory County. Hon K. G. Smith, Judge. Action by Gray don B. Jackson against Paul H. Berndt. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtMcCOY, J.
This action was originally commenced in justice’s court. Both parties appeared before the justice on February 21, 1907, the return day of the summons. Plaintiff filed his complaint, and defendant made answer thereto. By stipulation of the parties the case was continued until March 5, 1907, at xo o’clock a. m., at which time defendant appeared in person and by attorney) the plaintiff failing to make any appearance whatever. After waiting one hour the defendant moved that the action be dismissed for . want of prosecution, which motion was granted. The jxtstice dismissed the action without…
2Cases cited3 opinions
- Hewett v. CurrierWisconsin Supreme Court · 1885
- Perrott v. OwenSouth Dakota Supreme Court · 1895
- Wimsey v. McAdamsSouth Dakota Supreme Court · 1900
3Cited by1 opinion
- Johnson v. Johnston-Coutant Co.District Court, D. Alaska · 1912