Brandreit v. Minneapolis & St. L. R.
South Dakota Supreme Court
Appeal from circuit court, Codington county; Hon. Julian Bennett, Judge. Action by Bernard Brandreit against the Minneapolis & St. Louis Railroad Company. From an order of the circuit court, dismissing an appeal from a judgment of a justice for plaintiff, defendant appeals.
1Opinion of the CourtCorson, J.
This action was commenced in the justice court, and, a judgment being entered in favor of the plaintiff, *570the defendant attempted to appeal to the circuit court. After the 30 days had expired in which an appeal could be perfected, counsel for the plaintiff moved in the circuit court to dismiss the appeal, and the motion was granted, and the appeal to this court is taken from the order dismissing that appeal. The grounds for the motion made in the circuit court may be briefly stated as follows: That the pretended appeal was of no force and effect, for the reason that the right of appeal was…
2Cases cited1 opinion
- Doering v. JensenSouth Dakota Supreme Court · 1902