City of Sioux Falls v. Wearham

Defendant was convicted of the violation of a city ordinance, in the municipal court of the city of Sioux Falls, and attempted to appeal to the circuit court under the provisions of chapter 279, Laws of 1919. His notice of appeal was oral, and no record was ever settled' or error assigned or any question in any manner preserved for review. His only purpose therefore was to secure a trial of the cause de novo in the circuit court. Respondent moved to dismiss the appeal on the ground, among others, that the circuit court was without jurisdiction to try said cause. Such motion was granted, and,…