Legal Opinion

Kremer v. Public Drug Co.

South Dakota Supreme Court

Decided June 28, 1918No. File Nos. 4409, 4412Published

Appeal from Circuit Court, Hughes County. Hon. John F. Hughes, Judge. Action ¡by Frederick B. Kremer and Lillias A. Kremer, against the Public Drug Company and others. Judgment for plaintiff. From an order extending time for making a motion for new trial, and prescribing a apetial mode for settling, and the timie for settling, the record, plaintiffs appeal.

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Appeal from Circuit Court, Hughes County. Hon. John F. Hughes, Judge. Action ¡by Frederick B. Kremer and Lillias A. Kremer, against the Public Drug Company and others. Judgment for plaintiff. From an order extending time for making a motion for new trial, and prescribing a apetial mode for settling, and the timie for settling, the record, plaintiffs appeal. Defendants having apiplied to the Supreme Court for -an. order directing the manner of settling record, said matter and' the appeal from said -order yvcre heard upon the appeal -papers and those involved in said application. Order appealed…

1Opinion of the CourtWhiti'Nig, J.

T-hi-s cause was triad- in the fall -of 1916. The judgment of the trial court -wias eniterd in tlhe spring of 1917. The defendants, intending to move for a new trial, gave notice of intention to so move, and in accordance with the provisions of -chapter 178, Laws 1913, ordered the official stenographer to prepare a transcript of the proceedings at the trial, intending to use the same in the settling of a record for the -purposes of the proposed' -motion for a new trial. From that time -on until the spring of 1918, the trial -court gave to -defendants numerous ex parte orders exitending the…

2Cases cited1 opinion

  1. State ex rel. Rearick v. LeggettSouth Dakota Supreme Court · 1913

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