Irwin v. Seeman
South Dakota Supreme Court
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
- Skaar v. EppelandNorth Dakota Supreme Court · 1916
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
- Dean v. SeemanSouth Dakota Supreme Court · 1920
- Gohl v. BechtoldNorth Dakota Supreme Court · 1917
3Cited by7 opinions
- Block v. McVaySouth Dakota Supreme Court · 1964
- Warwick v. BlissSouth Dakota Supreme Court · 1923
- Standard Oil Co. v. McNennySouth Dakota Supreme Court · 1934
- Board of Trustees v. LinkerSouth Dakota Supreme Court · 1922
- Board of Trustees of Lawrence College v. HoffmanSouth Dakota Supreme Court · 1921
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