Legal Opinion

Casserly v. Marshall

South Dakota Supreme Court

Decided January 8, 1915No. File No. 3705PublishedCited by 4 opinions

Appeal from Circuit Court, Brookings County. Hon. Carl G. Sherwood, Judge. Election contest by P. T. Casserly against O. W. Marshall. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. On motion to dismiss appeal.

1Opinion of the CourtWhiting, J.

This cause is before us upon a motion by respondent asking that the appeal 'herein be dismissed; one of the grounds for said motion being that such appeal was not taken with in the time fixed by statute. The appeal is from a judgment in an election contest. Section 1997, P. C. provides that such an appeal “must, be taken within sixty days after the entry of final judgment.” The proposition that the right to- an appeal is purely statutory, and that therefore an appellate court has no jurisdiction, unless an appeal is taken within the time and in the manner provided by statute, is too well…

2Cases cited1 opinion

  1. Murray v. WhitmoreSouth Dakota Supreme Court · 1896

3Cited by4 opinions

  1. Downs v. Bruce Independent School District No. 49South Dakota Supreme Court · 1927
  2. Bronson v. City of Rapid CitySouth Dakota Supreme Court · 1935
  3. Graff v. BurnsideSouth Dakota Supreme Court · 1931
  4. Yankton County v. Codington CountySouth Dakota Supreme Court · 1939

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