Gordon v. Kelley
South Dakota Supreme Court
Appeal from Beadle County Court. Hon. Charles S. Whiting, Judge. • Action by W. A. Gordon against C. A. Kelley and another. From a default judgment for plaintiff, and from an order denying a motion to vacate it and for leave to answer. Defendants appeal.
1Opinion of the CourtCorson, P. J.
This case comes before us on an order to show cause why the appeal should not be dismissed upon the grounds (i) that the appeal is from a judgment and order that cannot be united in one appeal; (2) that the appeal is from a judgment by default, and no application was made to the court below for relief on the ground of any error or irregularity in the judgment or the entry thereof; (3) that the order sought to be appealed from was an order in the appellant’s favor, and one resting entirely in the discretion of the trial court; (4) that the undertaking is insufficient, either as an undertaking…
2Cases cited6 opinions
- Williams v. WilliamsSouth Dakota Supreme Court · 1894
- Hawkins v. HubbardSouth Dakota Supreme Court · 1892
- Anderson v. HultmanSouth Dakota Supreme Court · 1899
- Hackett v. GundersonSouth Dakota Supreme Court · 1891
- McVay v. BridgmanSouth Dakota Supreme Court · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Morrison & Skaug v. ConnerySouth Dakota Supreme Court · 1929
- Braun v. Thuet Bros.South Dakota Supreme Court · 1919
- Grieves v. DanaherSouth Dakota Supreme Court · 1932
- National Surety Co. v. CranmerSouth Dakota Supreme Court · 1911
- Ontjes v. ThomasSouth Dakota Supreme Court · 1921
3 more not listed; retrieve them via the Exa API.