Brekke v. Waite
South Dakota Supreme Court
Appeal from Circuit Court, Hughes County. Hon. John F. Hughes, Judge. Action by J. A. Brekke agains-t William W. Waite, for a money judgment, _ in which an, attachment was- issued and dissolved. From the order dissolving the attachment, plaintiff appeals, and moves for relief from a default in timely filing of brief on appeal; the brief having been stricken from files upon other grounds.
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Appeal from Circuit Court, Hughes County. Hon. John F. Hughes, Judge. Action by J. A. Brekke agains-t William W. Waite, for a money judgment, _ in which an, attachment was- issued and dissolved. From the order dissolving the attachment, plaintiff appeals, and moves for relief from a default in timely filing of brief on appeal; the brief having been stricken from files upon other grounds. (2) 'Under point two of the opinion, Appellant -cited: Freeborn, Goodwin et al. v. Glazer, 10 Calif. 337; Casket Company v. Barfield, 73 S. C. 179, 33 S. E; 174; Payne v. First National Bank, 16 Kan. 148;…
1Opinion of the CourtGates, J.
[1] This is an application of plaintiff, appellant, to be relieved from 'his default in failing -to file his brief within the time provided by law. The appeal is from an order dissolving an attachment. Appellant considering that such ah appeal was governed by the procedure relative to the settlement of the record in the case of the trial of causes, presented his briefs to- the clerk for filing within the time requisite under such procedure, and the *28same were filed on July 3, 1915. Thereafter respondent, upon a hearing- before this court, obtained- an order striking- the briefs from the files.…
2Cases cited6 opinions
- Weare Commission Co. v. DruleyIllinois Supreme Court · 1895
- Trebilcock v. Big Missouri Mining Co.South Dakota Supreme Court · 1896
- Culhane Adjustment Co. v. FarrandSouth Dakota Supreme Court · 1914
- First Nat. Bank v. McMillanSouth Dakota Supreme Court · 1896
- Illinois Central Railroad v. City of ChicagoIllinois Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Peoples State Bank v. KarlenSouth Dakota Supreme Court · 1921