Rudolph v. Herman
South Dakota Supreme Court
Appeal from, circuit court, Lincoln county. Hon. Frank R. Aikens, Judge. Action by M. E. Rudolph against M. H. Herman. From an order denying leave to defendant to file an amended undertaking on appeal from justice’s court, defendant appeals. The lower court erred in refusing to allow appellants to file a new undertaking upon appeal.
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Appeal from, circuit court, Lincoln county. Hon. Frank R. Aikens, Judge. Action by M. E. Rudolph against M. H. Herman. From an order denying leave to defendant to file an amended undertaking on appeal from justice’s court, defendant appeals. The lower court erred in refusing to allow appellants to file a new undertaking upon appeal. The rule is that courts should liberally exercise their powers in permitting new undertakings to be filed which are not in strict conformity to the statute, if the appeal is taken in good faith. Towle v. Bradley, 2 S. D. 472; Seward v. Corneau, 102 U. S. 161;…
1Opinion of the CourtCorson, J.
This is an appeal from the order of the circuit-court of Lincoln county, denying the motion of the defendant for leave to file an amended undertaking on an appeal from the justice’s court, in which the action was originally tried. The facts, briefly stated, are as follows: This action was commenced in a justice’s court for forcible entry and. detainer, and judg*205ment was rendered for plaintiff for possession of the demanded premises, $100 damages, and costs. An appeal was attempted to be taken to the circuit court, and an undertaking on appeal filed with the justice, under Section 6134, Comp.…
2Cases cited3 opinions
- Rudolph v. HermanSouth Dakota Supreme Court · 1891
- Towle v. BradleySouth Dakota Supreme Court · 1892
- Howard v. HarmanCalifornia Supreme Court · 1855
3Cited by4 opinions
- Todd v. ToddSouth Dakota Supreme Court · 1895
- Doering v. JensenSouth Dakota Supreme Court · 1902
- Wasem v. BellachSouth Dakota Supreme Court · 1903
- Rudolph v. HermanSouth Dakota Supreme Court · 1893