Moe v. Goodroad
South Dakota Supreme Court
Original proceeding, in the Matter of the Last Will and Testament of Caroline Satrang, Deceased; Jennie Moe, Belle Hunter, and Timothy Satrang, Contestants and Appellants, Ellen Good-road, Defendant and Respondent. After appeal to 'Supreme Court, that Court by order dismissed the appeal as having been abandoned, remittitur having been transmitted to Circuit Court. Thereafter appellants sought,' upon order to show cause, vacation of the order dismissing appeal.
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Original proceeding, in the Matter of the Last Will and Testament of Caroline Satrang, Deceased; Jennie Moe, Belle Hunter, and Timothy Satrang, Contestants and Appellants, Ellen Good-road, Defendant and Respondent. After appeal to 'Supreme Court, that Court by order dismissed the appeal as having been abandoned, remittitur having been transmitted to Circuit Court. Thereafter appellants sought,' upon order to show cause, vacation of the order dismissing appeal. (I) To point one of the opinion, Appellant cited: In Re Seydel’s Estate, 14 S. D. 115; 4 C. J. pp. 608-612; Baldwin v. O’Laughlin…
1Opinion of the CourtWhiting, J.
Appellants perfected an appeal herein on the 6th day of June, 1921. It coming to the attention of this court that the record upon such appeal had been settled on the 23d day of March, 1921, and that no brief had been filed or further proceedings taken, thus rendering the appellants in default, this court, on the 9th day of August, 1921, found that such appeal had been abandoned, and dismissed same. 'Remittitur was transmitted to the trial court on the 30th day of August, 1921. February 1, 1922, appellants procured an order to show cause why this court should not vacate its order of dismissal,…
2Cases cited7 opinions
- Ott v. BoringWisconsin Supreme Court · 1907
- Thomas v. ThomasSupreme Court of Oklahoma · 1910
- State v. SundNorth Dakota Supreme Court · 1913
- Dempsey v. BillinghurstSouth Dakota Supreme Court · 1895
- Hilmen v. NygaardNorth Dakota Supreme Court · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- James v. JamesSupreme Court of Colorado · 1934
- State ex rel. Jones v. District Court of Muskogee CountySupreme Court of Oklahoma · 1946