Legal Opinion

Chicago, M. & St. P. Ry. Co. v. Nield

South Dakota Supreme Court

Decided December 31, 1902PublishedCited by 3 opinions

Appeal from circuit court, Minnehaha county; Hon. J. W. " Jones, Judge. Action by the Chicago, Milwaukee & St. Paul Railway Company against James E. Nield. From a judgment in favor of plaintiff, defendant appeals.

1Opinion of the Court

Corson J.

This is an appeal from the judgment of the circuit court affirming a judgment entered by a justice of the peace in favor of the plaintiff and against the defendant. The appeal from the justice court to the circuit court was on questions of law alone, and it appears from the statement on said appeal that the defendant appeared specially in the justice court and moved that the court refuse to further proceed with said action, and refuse to assume further jurisdiction thereof, for the reason that sufficient time had not elapsed between the date of the service of the summons and the…

2Cases cited4 opinions

  1. Wood v. United StatesSupreme Court of the United States · 1842
  2. Brown v. County CommissionersSupreme Court of Pennsylvania · 1853
  3. Harford v. United StatesSupreme Court of the United States · 1814
  4. Fleet v. YoungsNew York Supreme Court · 1831

3Cited by3 opinions

  1. State Ex Rel. Putnam v. HolmSupreme Court of Minnesota · 1927
  2. Lambert v. Helena Adjustment Co.Montana Supreme Court · 1924
  3. Raich v. WeismanSouth Dakota Supreme Court · 1930

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