Smith v. Hawley
South Dakota Supreme Court
Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. Action by William H. Smith against W. H. ■ Hawley, as sheriff of Brookings county. From judgment for plaintiff, defendant appealed. Respondent moved to dismiss the appeal on the ground that neither the judgment nor order appealed from had been entered when the appeal was taken.
1Opinion of the CourtHaney, J.
Respondent moved to dismiss this appeal for the reason that neither the judgment nor order appealed from had been entered when the appeal was taken. The motion was noticed for hearing on the motion day of the proper circuit. It was based upon the affidavits of Philo Hall, Esq., one of re*400spondent’s attorneys,’ and the clerk of the circuit court, which show that the judgment and order were not entered until after the appeal was perfected. The hearing of the motion was postponed on the court’s own motion, and, when finally heard appellant appeared by counsel, and filed written objections to the…
2Cases cited1 opinion
- Foley-Wadsworth Implement Co. v. PorteousSouth Dakota Supreme Court · 1895
3Cited by5 opinions
- Martin v. SmithSouth Dakota Supreme Court · 1899
- Stephens v. FausSouth Dakota Supreme Court · 1906
- Athey v. Oregon Short Line RailroadIdaho Supreme Court · 1917
- Sands v. CruickshankSouth Dakota Supreme Court · 1899
- Lindskog v. ShouweilerSouth Dakota Supreme Court · 1899