Reed v. Todd
South Dakota Supreme Court
Appeal from Circuit Court, Edmuhds County. Hon. Joseph H. BoTTum, Judge. Action by Nancy Reed against Wilbert A. Todd and' others. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals. (1) Under point one of the opinion, Respondent cited: Comp. Laws (1887) Sec. 5232, 5219; Hazeltine v. Browne, 9 S. D. 351, 69 N. W. 5793 Code Civ.
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Appeal from Circuit Court, Edmuhds County. Hon. Joseph H. BoTTum, Judge. Action by Nancy Reed against Wilbert A. Todd and' others. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals. (1) Under point one of the opinion, Respondent cited: Comp. Laws (1887) Sec. 5232, 5219; Hazeltine v. Browne, 9 S. D. 351, 69 N. W. 5793 Code Civ. Proc., Secs. 458, 445; Donovan et al. v. Woodcock, 18 S. D. 29, 99 N. W. 82. (2) Under point two of the opinion, Respondent cited: McConnell, et al. v. Spicker, 13.S. D. 406, 83 N. W. 435. Respondent 'submitted that: The new…
1Opinion of the CourtWpiitin'G, J.
[1-3] Notice of appeal herein was served July 23, 1915. On July 27, 1915, the respondent served notice that he excepted to the sureties on the appeal undertaking. Section 458, C. G. P., provides.
“The respondent may, however, except to the sufficiency of the sureties within ten days after such notice of the appeal, and unless they or other sureties justify in the same manner as upon bail on arrest within ten days thereafter, the appeal shall be regarded as if no undertaking had been given.”
*217Appellant 'served notice, that such sureties would justify on August 16, 1915. Respondent, upon notice…
2Cases cited1 opinion
- Aldrich v. Public Opinion Pub. Co.South Dakota Supreme Court · 1911
3Cited by4 opinions
- Carlton v. SavilleSouth Dakota Supreme Court · 1927
- Haines v. WaiteSouth Dakota Supreme Court · 1932
- Reed v. ToddSouth Dakota Supreme Court · 1918
- Wiseman v. WisemanSouth Dakota Supreme Court · 1926