McDonald v. Paris
South Dakota Supreme Court
Appeal from circuit court, McCook county. Hon J. W Jones, Judge. Action brought in justice’s court, and from a judgment for plaintiff the defendant appealed to the circuit court. Prom an order dismissing the appeal, the defendant appeals. The facts are stated in the opinion. Appellant was entitled to file new bond and proceed with the trial.
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Appeal from circuit court, McCook county. Hon J. W Jones, Judge. Action brought in justice’s court, and from a judgment for plaintiff the defendant appealed to the circuit court. Prom an order dismissing the appeal, the defendant appeals. The facts are stated in the opinion. Appellant was entitled to file new bond and proceed with the trial. Towle v. Bradley, 2 S. D. 472. “If in an appeal from justice court, the sufficiency of the sureties in the undertaking is excepted to, as provided in Sec. 6133, Oomp. Laws, and they or other sureties do not justify as required in that section, the appeal…
1Opinion of the CourtCorson, P. J.
This is an appeal from a judgment of the circuit court dismissing an appeal taken from the judgment rendered in the justice's court. The judgment was rendered in the justice’s court on July 2, 1894. On August 1st notice of appeal and undertaking on appeal were filed with the justice, and one dollar paid for transcript. No question is made as to the due service of the notice of appeal. On August 3d the plaintiff served notice that he excepted to the sufficiency of the sureties in the undertaking given on the appeal in the action, and demanded that said sureties or others justify as required by…
2Cases cited7 opinions
- Hill v. FinniganCalifornia Supreme Court · 1880
- McCracken v. Superior CourtCalifornia Supreme Court · 1890
- Rudolph v. HermanSouth Dakota Supreme Court · 1891
- Towle v. BradleySouth Dakota Supreme Court · 1892
- Gray v. Superior CourtCalifornia Supreme Court · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Aldrich v. Public Opinion Pub. Co.South Dakota Supreme Court · 1911
- Brown v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1898
- Minton ex rel. Smith v. OziasSupreme Court of Iowa · 1901
- Richardson v. CampbellNorth Dakota Supreme Court · 1899
- Smith v. CoffinSouth Dakota Supreme Court · 1897
4 more not listed; retrieve them via the Exa API.