Legal Opinion

Erpenbach v. Chicago, M. & St. P. Ry. Co.

South Dakota Supreme Court

Decided October 18, 1898PublishedCited by 3 opinions

Appeal from circuit court, Hutchinson county, Hon. E. G Smith, Judge. Action by William Erpenbach against the Chicago, Milwaukee & St. Paul Railway Company. From an order dismissing an appeal from an order and judgment of a justice of the- peace refusing to vacate a default judgment against it, defendant appeals.

1Opinion of the Court

Haney,'J.

Defendant appealed to the circuit court, on questions of law alone, from an order and judgment entered by a j ustice of the peace refusing to vacate a default judgment. On the notice of appeal is the following indorsement: “Due service of the within admitted this 19th day of February, 1897, and undertaking for costs and stay pending this appeal is hereby waived. [Signed] W. J. Hooper, Attorney for Plaintiff.” The case having been placed upon the calendar of the circuit court, and having been regularly brought on for trial, the plaintiff interposed the following motion: “The…

2Cases cited1 opinion

  1. Brown v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1898

3Cited by3 opinions

  1. Doering v. JensenSouth Dakota Supreme Court · 1902
  2. Ramsdell v. DuxberrySouth Dakota Supreme Court · 1901
  3. Miller v. LewisSouth Dakota Supreme Court · 1903

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