Legal Opinion

Mitchell Fruit & Grocery Co. v. Nicholl

South Dakota Supreme Court

Decided March 8, 1915No. File No. 3691PublishedCited by 1 opinion

Appeal from Circuit Court, Beadle County. Hon. Alva E. ■ 'Taylor, Judge. Action by the Mitchell Fruit and Grocery Company against James Nicholl. From am order of the Circuit Court refusing to dismiss the appeal from the Justice Court, defendant appeals.

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Appeal from Circuit Court, Beadle County. Hon. Alva E. ■ 'Taylor, Judge. Action by the Mitchell Fruit and Grocery Company against James Nicholl. From am order of the Circuit Court refusing to dismiss the appeal from the Justice Court, defendant appeals. (2) Under point two of opinion, Appellant cited; McLaughlin v. Michel, 14 S. D. 190, 84 N. W. 777-9. Respondent cited; Justice Code, Secs. 102, 106. (3) Under point three of the opinion, Appellant cited: Anderson’s Dictionary of Law; Bouvier’s Law Dictionary; 14 Cyc. 530; State v. Lamm, 9 S. D. 427; 13 Am. & Eng. Ency. of Law,' LS- Respondent…

1Opinion of the CourtWhiting, J.

This action was brought in justice court and judgment rendered therein, in favor of defendant, on April 13, 1914. Appeal from such judgment was perfected on May 11, 1914. Within five days after the perfecting of the appeal, the justice prepared a certified -copy of the proceedings in his court and transmitted the same to the -clerk of the circuit court of the proper county. The papers were received by such clerk, who retained custody of same, but neglected to indorse any filing marks thereon until after June 22, 1914, upon which date defendant moved a dismissal of the appeal. It would appear…

2Cases cited3 opinions

  1. Wescott v. EcclesUtah Supreme Court · 1883
  2. Edminster v. RathbunSouth Dakota Supreme Court · 1892
  3. McLaughlin v. MichelSouth Dakota Supreme Court · 1900

3Cited by1 opinion

  1. Warren v. LincolnSouth Dakota Supreme Court · 1929

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