Byrne v. Ochsner Hardware Co.
South Dakota Supreme Court
Appeal from Circuit Court, Brule County. Hon. Frank B. SmiTi-i, Judge. Action by James Bryce against Oschner Hardware Company; From an order dismissing an appeal from justice court, defendant appeals.
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Appeal from Circuit Court, Brule County. Hon. Frank B. SmiTi-i, Judge. Action by James Bryce against Oschner Hardware Company; From an order dismissing an appeal from justice court, defendant appeals. Appellant contends that he was under no obligation in law to serve a copy of his undertaking on appeal upon the plaintiff, and that the one served was more in the nature of an accommodation than the performance of a duty made incumbent by law, and that therefore the plaintiff’s claim alleging insufficiency of the defendant’s undertaking to confer jurisdiction on the circuit court, based upon the…
1Opinion of the CourtWhiting, J.
This action was brought in justice court, wherein a judgment was rendered in favor of plaintiff for damages and costs. The defendant attempted to appeal to the circuit court by serving and filing a notice of and undertaking upon appeal. In the circuit court the plaintiff moved to dismiss such appeal. The motion was based “upon the notice of appeal, undertaking on appeal, and all files and records in the * * * case,” *548and was upon the following grounds: “ (x) That the said notice of appeal does not state the amount of the judgment appealed from in that it fails to state the costs. (2) That the…
2Cases cited1 opinion
- Aultman, Miller & Co. v. NelsonSouth Dakota Supreme Court · 1898