Hazeltine v. Browne
South Dakota Supreme Court
Appeal from circuit court, Brown county. Hon. A. W. Campbell, Judge. Action to set aside a statutory foreclosure of a real estate mortgage. Defendant had judgment, and plaintiff appeals. The facts are stated in the opinion.
1Opinion of the CourtCorson, P. J.
This case comes before us on a motion to dismiss the appeal. The affidavit upon which the motion is made states, in substance, that a notice of appeal and undertaking on appeal were served on the 10th day of June, A. D. 1896; that on the 20th day of the same month a notice of exceptions to the sufficiency of the sureties on the undertaking was duly served upon the appellant’s attorney in person, and that the sureties have never justified. The respondent therefore insists that at the expiration of the ten days allowed the sureties to justify by statute this court lost jurisdiction of the…
2Cases cited3 opinions
- In re WeberNorth Dakota Supreme Court · 1894
- Opening of Gold Street v. NewtonSupreme Court Of The Territory Of Dakota · 1878
- Kelsey v. CampbellNew York Supreme Court · 1862
3Cited by3 opinions
- Skinner v. HoltSouth Dakota Supreme Court · 1896
- Haines v. WaiteSouth Dakota Supreme Court · 1932
- Cornwell v. City of WatertownSouth Dakota Supreme Court · 1924