Juckett v. Fargo Mercantile Co.
South Dakota Supreme Court
Actions by Elmer R. Juckett, trustee, against the Fargo Mercantile Company and others, and by Hattie M. Fargo against Elmer R. Juckett, trustee, and another. Actions consolidated. From the judgment the defendants in the first two actions and Hattie M. Fargo, plaintiff in the third action, appeal. On motion to strike out the bill of exceptions or statement of the case.
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Actions by Elmer R. Juckett, trustee, against the Fargo Mercantile Company and others, and by Hattie M. Fargo against Elmer R. Juckett, trustee, and another. Actions consolidated. From the judgment the defendants in the first two actions and Hattie M. Fargo, plaintiff in the third action, appeal. On motion to strike out the bill of exceptions or statement of the case. The affidavit disclosing the circumstances attending the preparation and printing of appellants’ abstract, which, in con - nection with the stipulation recited in the opinion, the court holds to be sufficient to excuse delay, is…
1Opinion of the CourtHaney, J.
In these three actions, which were consolidated in the court below, respondents moved to strike out the bill of exceptions or statement of the case and appellants’ abstract. There is no difference between a statement and bill of exceptions in form or substance, except that the former follows a notice of intention to move for a "new trial. People v. Crane, 60 Cal. 279. In the cases at bar there was a notice of intention to move for a new trial upon “a bill of exceptions to be hereafter settled,” followed by service of proposed exceptions; therefore the portion of the record sought to bo…
2Cases cited4 opinions
- People v. CraneCalifornia Supreme Court · 1882
- Hedlun v. Holy Terror Mining Co.South Dakota Supreme Court · 1901
- Foley-Wadsworth Implement Co. v. PorteousSouth Dakota Supreme Court · 1895
- Severson v. Milwaukee Mechanics' Mut. Ins.South Dakota Supreme Court · 1892
3Cited by3 opinions
- Boettcher v. ThompsonSouth Dakota Supreme Court · 1906
- State ex rel. Rearick v. LeggettSouth Dakota Supreme Court · 1913
- Sorg v. WeelsSouth Dakota Supreme Court · 1913