Wimsey v. McAdams
South Dakota Supreme Court
Appeal from circuit court, Brookings county. Hon. Julian Bennett, Judge. Action by M. F. Wimsey against J. C. McAdams. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtFuller, P. J.
Being dissatisfied with a final judgment rendered by default in justice court, the defei dant appealed to the circuit court on questions of both law and fact, and demanded a new trial therein. Upon the theory that the circuit court was without jurisdiction to determine, on appeal from a *510default judgment, issues of fact that might have been tried in justice court, the judgment therein rendered was affirmed, on motion, when the case was called for trial, and the defendant appeals.
Without distinction as to judgments by default and judgments-upon a trial any party dissatisfied therewith may…
2Cases cited6 opinions
- Stanley v. Farmers' BankSupreme Court of Kansas · 1877
- Hall v. DoyleSupreme Court of Arkansas · 1880
- Long v. SharpOregon Supreme Court · 1875
- Gulf, Colorado & Santa Fe Railway Co. v. Crossman Bros.Court of Appeals of Texas · 1895
- Perrott v. OwenSouth Dakota Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Jackson v. BerndtSouth Dakota Supreme Court · 1909