Carlson v. Reed
South Dakota Supreme Court
Appeal from ‘Circuit Court, Spink County. Hon. Alva E-Taylor, Judge. Action by Arthur Carbon against M. B. Reed. Erom a judgment of the Circuit Court dismissing an 'appeal from justice’s court, defendant appeals. In maintaining the position that the Circuit Court erred in dismissing the appeal we are not unmindful of the fact that this Court has passed directly upon .the question now presented, and ■that in so doing it has held adversely to appellant’s contention.
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Appeal from ‘Circuit Court, Spink County. Hon. Alva E-Taylor, Judge. Action by Arthur Carbon against M. B. Reed. Erom a judgment of the Circuit Court dismissing an 'appeal from justice’s court, defendant appeals. In maintaining the position that the Circuit Court erred in dismissing the appeal we are not unmindful of the fact that this Court has passed directly upon .the question now presented, and ■that in so doing it has held adversely to appellant’s contention. In the case of Aldrich v. Ramoe, 109 N. W. 125, in which this Court has recently passed upon this question,, we believe, the…
1Opinion of the CourtMcGOY, J.
This case was instituted in justice court wherein defendant appeared, and a judgment was rendered in favor of *283plaintiff ‘and against the defendant. Within proper time ‘the defendant duly served the following notice of appeal omitting for-, mal parts and signature: “Please take notice that the above-named M. B. Reed appeals to the circuit court in and for said county from the judgment entered by the said justice of the peace in the above-entitled action, on the 13th day of August, 1910, against said 1VL B. Reed therein for the sum of ñfty-two and 17-100 dollars, and that said appeal is taken…
2Cases cited2 opinions
- Tschetter v. HeiserSouth Dakota Supreme Court · 1896
- Karr v. Chicago & North-Western Ry. Co.Supreme Court Of The Territory Of Dakota · 1887