Legal Opinion

McKittrick v. Pardee

South Dakota Supreme Court

Decided November 19, 1895PublishedCited by 15 opinions

Appeal from circuit court, Brule county. Hon. D. Haney, Judge. Election contest between William H. McKittrick and O. A. Pardee. Judgment for plaintiff, and defendant appeals. The facts are stated in the opinion.

1Opinion of the CourtCorson, P. J.

This was an election contest proceeding. Decision in favor of plaintiff, and defendant appeals. Before proceeding to consider the case on its merits, it will be necessary to dispose of a prelimary motion to dismiss the appeal, made by respondent. The motion is made upon the following grounds: “(1) That said appeal had never been perfected by the service of an undertaking; (2) that it does not appear what judgment, or that any judgment, was rendered in said cause, from which an appeal could be taken; (3) that the notice of intention to move for a new trial was not served within the time…

2Cases cited2 opinions

  1. Johnson v. Northern Pacific RailroadNorth Dakota Supreme Court · 1890
  2. People v. FickCalifornia Supreme Court · 1891

3Cited by15 opinions

  1. Hunt v. CampbellArizona Supreme Court · 1917
  2. McMahon v. PolkSouth Dakota Supreme Court · 1897
  3. McNally v. Wayne County CanvassersMichigan Supreme Court · 1946
  4. State ex rel. Orr v. FawcettWashington Supreme Court · 1897
  5. Carwile v. JonesMontana Supreme Court · 1909

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