Whaley v. Vidal
South Dakota Supreme Court
Appeal from Circuit Court, Moody County. Hon. Joseph W. Jones, Judge. Action by Cisworth Whaley and others by Rufus Whaley, their guardian ad litem, against Felix Vidal and others. From a judgment for the plaintiffs, defendants appeal. Motion to strike the appellants’ bill of exceptions and abstract from the record and dismiss the appeal.
1Opinion of the CourtHaney, J.
This is one of two actions involving the same issues. Plaintiffs were successful in both, the verdict in this case being for $11,500, and for $10,500 in the other. An application for a new trial having been denied in each case, defendants appealed from the judgment and order denying such application. Respondents now move in each case on the same grounds to strike from the record what purports to be a bill of exceptions, to strike from the files of this court appellants’ abstract, and to dismiss the appeal.
The purported bill of exceptions is attacked on the ground of redundancy. Failure to…
2Cases cited8 opinions
- Pierce v. ManningSouth Dakota Supreme Court · 1892
- Barnard & Leas Manuf'g Co. v. GallowaySouth Dakota Supreme Court · 1894
- Carroll v. NisbetSouth Dakota Supreme Court · 1897
- Bailey Loan Co. v. SewardSouth Dakota Supreme Court · 1896
- Peart v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Redwater Land & Canal Co. v. ReedSouth Dakota Supreme Court · 1910
- Hipple v. StrohbehnSouth Dakota Supreme Court · 1921
- Hazen v. ThompsonSouth Dakota Supreme Court · 1914
- Johnson v. Home Life Ins. Co.South Dakota Supreme Court · 1934
- Froescher v. TabbertNorth Dakota Supreme Court · 1922
5 more not listed; retrieve them via the Exa API.