Ramsdell v. Duxberry
South Dakota Supreme Court
Appeal from circuit court, McCook county, Hon. Joseph W. Jones, Judge. Action by H. A. Ramsdell against Hartwell Duxberry. From a judgment for plaintiff, defendant appeals. The facts are stated in the opinion. Parties to an action in justice court.cannot on appeal to the circuit court , by stipulation waive notice of appeal and the giving of the undertaking required by law.
Read the full summary
Appeal from circuit court, McCook county, Hon. Joseph W. Jones, Judge. Action by H. A. Ramsdell against Hartwell Duxberry. From a judgment for plaintiff, defendant appeals. The facts are stated in the opinion. Parties to an action in justice court.cannot on appeal to the circuit court , by stipulation waive notice of appeal and the giving of the undertaking required by law. Brown v. Brown, 12 S. D. 380, 81 N. W. 627; Frpenbach v. Railway Co., 11 S. D. 201. The fact that the parties appeared in the circuit court and tried the cause without objection, did not have the effect of conferring…
1Opinion of the Court
Corson, j.
This is an action originally commenced in a justice’s court to recover damages for the alleged conversion of personal property. The summons was in the usual form. A complaint,answer and replication were filed in the justice’s court. On the re*224turn day of the summons, without proceeding to trial on the issues raised by the pleadings, counsel for the respective parties stipulated that the said action should be transferred to the circuit court of McCook county, and that it should be tried therein the same as an appeal case, and that the stipulation should be considered as having the…
2Cases cited3 opinions
- Opening of Gold Street v. NewtonSupreme Court Of The Territory Of Dakota · 1878
- Brown v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1898
- Erpenbach v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1898
3Cited by3 opinions
- Hart v. Village of WyndmereNorth Dakota Supreme Court · 1911
- Jacobs v. Queen Ins.South Dakota Supreme Court · 1927
- Ramsdell v. DuxberrySouth Dakota Supreme Court · 1903