Legal Opinion

Irwin v. Seeman

South Dakota Supreme Court

Decided February 19, 1920No. File No. 4582PublishedCited by 7 opinions

Appeal from Circuit Court, Potter County. Hon. Joseph H. Bottom, Judge. Action by Elmer Irwin against Henry J. Seeman. From a judgment for plaintiff, and from an order denying' a new trial, defendant appeals. Motion to dismiss appeal. (x) To point one, Respondent cited: Secs. 2559, 2557, Rev. Code 19x9.

1Opinion of the CourtPolley, J.

This is an appeal from a judgment and an order overruling a motion for a new trial. Respondent moves to dismiss the appeal on the ground that it was not taken within the statutory time for appealing.

[1] The judgment was entered and the judgment roll filed on the 3d day of January, 1918 . The appeal was not taken until the 4th day of June, 1919. This was more than a year after the entry of the judgment, and therefore too late, under the statute allowing appeals from judgments. Section 3147, Rev. Code 1919; Keyes v. Baskerville, 175 N. W. 874; Dean v. Seeman, 176 N. W. 649.

The notice of…

2Cases cited4 opinions

  1. Skaar v. EppelandNorth Dakota Supreme Court · 1916
  2. Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
  3. Dean v. SeemanSouth Dakota Supreme Court · 1920
  4. Gohl v. BechtoldNorth Dakota Supreme Court · 1917

3Cited by7 opinions

  1. Block v. McVaySouth Dakota Supreme Court · 1964
  2. Warwick v. BlissSouth Dakota Supreme Court · 1923
  3. Standard Oil Co. v. McNennySouth Dakota Supreme Court · 1934
  4. Board of Trustees v. LinkerSouth Dakota Supreme Court · 1922
  5. Board of Trustees of Lawrence College v. HoffmanSouth Dakota Supreme Court · 1921

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