Haag v. Burns
South Dakota Supreme Court
Appeal from Circuit Court, Brookings County. Hon Gkorgb IT. Marquis, Judge. Action by Lewis Haag against J. C. Burns. Judgment for plaintiff, and defendant appeals.
1Opinion of the Court
FULLER J.
That the circuit court in which this action to recover $14.25 was tried de novo- on appeal from a justice of the peace was without jurisdiction, for the reason, that plaintiff’s notice of appeal was fatally defective, is the first proposition presented and relied upon as ground for reversing a judgment in favor of plaintiff and the order denying defendant’s motion for a new trial. The justice court judgment recites that, “after hearing the argument and considering the testimony, I hereby order and decree judgment in favor of the defendant and against the plaintiff for a dismissal of…
2Cases cited14 opinions
- Horrell v. California, Oregon & Washington Homebuilders' Ass'nWashington Supreme Court · 1905
- Lynch v. KellyCalifornia Supreme Court · 1871
- Sayre v. BurdickSupreme Court of Minnesota · 1891
- Davis v. GannMissouri Court of Appeals · 1895
- Farlow v. ChambersSouth Dakota Supreme Court · 1907
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3Cited by6 opinions
- Fitzgerald v. International Flax Twine Co.Supreme Court of Minnesota · 1908
- Fooshee Brunson v. SmithSupreme Court of Oklahoma · 1912
- Sharpless-Hendler Ice Cream Co. v. DavisCourt of Chancery of Delaware · 1931
- Garber v. SprayWyoming Supreme Court · 1917
- Smith v. ShieldsSouth Dakota Supreme Court · 1932
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