La Penotiere v. Kellar
South Dakota Supreme Court
Appeal from Circuit Court, Eall River County. Hon. Levi McGee, Judge. Action by Emma M. La Penotiere against Chambers Kellar. Judgment for defendant, and plaintiff appeals. On order to show cause why the appeal should not be dismissed.
1Opinion of the CourtWhiting, J.
This case comes before the court upon an order to show cause why the appeal herein should not be dismissed, and respondent urges two reasons for such dismissal.
[1] One reason urged is because appellant failed to serve and file his abstract and brief upon the appeal within 30 days after service of notice of appeal; there being a rule of this court requiring such service within such time; unless, through stipulation or order, such time has been extended. There is, however, another rule of this court under which, for good cause shown, this court may relieve an appellant from his default in this…
2Cases cited1 opinion
- Aldrich v. Public Opinion Pub. Co.South Dakota Supreme Court · 1911
3Cited by5 opinions
- Herron v. FoxSouth Dakota Supreme Court · 1939
- Carlton v. SavilleSouth Dakota Supreme Court · 1927
- Thomson v. Meridian Life. Ins. Co. of IndianapolisSouth Dakota Supreme Court · 1915
- Haines v. WaiteSouth Dakota Supreme Court · 1932
- Loveland v. PerritonSouth Dakota Supreme Court · 1926