Braun v. Thuet Bros.
South Dakota Supreme Court
Appeal from Circuit Court, Beadle County. Hon. Alva E. Taylor, Judge. Action by Wilhelm F. E. Braun against William. Thuet and Frank Thuet, co-partners as Thuet Brothers, to recover upon a promissory note secured 'by mortgage on livestock. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (i) To point one of the opinion, Respondent cited: Chap. 201, Eawls 1917; Union Inv.
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Appeal from Circuit Court, Beadle County. Hon. Alva E. Taylor, Judge. Action by Wilhelm F. E. Braun against William. Thuet and Frank Thuet, co-partners as Thuet Brothers, to recover upon a promissory note secured 'by mortgage on livestock. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (i) To point one of the opinion, Respondent cited: Chap. 201, Eawls 1917; Union Inv. Co. v. Schonebaum et al., 167 N. W. 39S. (8) To point eight, Appellant cited: 8 Ruling Case Law, íp. 4Ó3.
1Opinion of the CourtWhiting, J.
[1] The appeal herein purports to be from a judgment and from an order denying a new trial entered after the judgment. From appellant’s brief it affirmatively appeared that the judgment was entered July 5, 1917, and the appeal taken August 16, 1918. It was thus disclosed that the attempted appeal, so far as it purported to be an appeal from the judgment, was ineffective because taken after the expiration of the statutory time limited for appeal. Chapter 201, Laws 1917; section 3147, Rev. Code 1919; Union Investment Co. v. Sohonebaum, 40 S. D. 378. 167 N. W. 398. The appeal, if effective at…
2Cases cited12 opinions
- Peters v. LohrSouth Dakota Supreme Court · 1910
- Mallory v. SeeCalifornia Supreme Court · 1900
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1918
- McVay v. BridgmanSouth Dakota Supreme Court · 1903
- First National Bank v. McCarthySouth Dakota Supreme Court · 1900
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3Cited by8 opinions
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- Piedmont Independent School District No. 34 v. Meade County Board of EducationSouth Dakota Supreme Court · 1960
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