Winn v. Sanborn
South Dakota Supreme Court
Appeal from circuit court, Brule county. Hon. Frank B. Smith, Judge. Action by J. J. Winn against J. S. Sanborn. There was judgment for plaintiff, and defendant appealed. Plaintiff moves to dismiss the appeal on the ground that the amount in controversy is insufficient.
1Opinion of the CourtCorson, P. J.
The respondent moves the court to dismiss the appeal in this case upon the ground that, the judgment being for less than $75, no appeal lies to this court. The action was to recover $64.44 and interest from November 1, 1896. The case was tried by a jury and a verdict rendered for $67.26, and judgment was thereupon entered for said sum and costs, amounting to the sum of $142.87. The motion therefore raises the question as to whether a judgment for the purposes of an appeal, under the provisions of Chapter 55, Laws 1897, is the amount exclusive of the costs or the amount including costs. It…
2Cited by1 opinion
- South Dakota Central Railway Co. v. SmithSouth Dakota Supreme Court · 1908