Mouser v. Palmer
South Dakota Supreme Court
Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action in justice court on promissory note. Judgment for plaintiff. Defendant appealed to the circuit court where the appeal was dismissed. Defendant appeals from order dismissing appeal. The facts are fully stated in the opinion. If an order dismissing a case does not disclose the reason for the dismissal, it will be presumed that it was 'upon one or more of the grounds stated in the motion.
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Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action in justice court on promissory note. Judgment for plaintiff. Defendant appealed to the circuit court where the appeal was dismissed. Defendant appeals from order dismissing appeal. The facts are fully stated in the opinion. If an order dismissing a case does not disclose the reason for the dismissal, it will be presumed that it was 'upon one or more of the grounds stated in the motion. Kirkpatrick v. Railroad, 33 N. W. 103. Evidence dehors the record should not be considered in determining whether an answer was…
1Opinion of the CourtKellam, P. J.
Preliminary to the hearing on the merits, a motion was made and argued to dismiss this appeal because-the same was not taken within the time prescribed by statute, and because no judgment in the circuit court had been perfected. As will more fully appear hereinafter, this appeal was from the action of the district (now circuit) court in dismissing *468defendant’s appeal to that court from a judgment rendered against him in justice court. The respondents contend that such appeal was dismissed by an order, a copy of which was served on defendant, (appellant,) and that, more than 60 days thereafter…
2Cases cited6 opinions
- Bowie v. City of KansasSupreme Court of Missouri · 1873
- Zoller v. McDonaldCalifornia Supreme Court · 1863
- Norton v. PorterSupreme Court of Missouri · 1876
- Williams v. WaitSouth Dakota Supreme Court · 1891
- Harris v. WatkinsSupreme Court Of The Territory Of Dakota · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re WeberNorth Dakota Supreme Court · 1894
- State ex rel. Snell v. Third Judicial District CourtUtah Supreme Court · 1909
- In re WeberNorth Dakota Supreme Court · 1894