Hughes v. Stearns
South Dakota Supreme Court
Appeal from circuit court, Potter county. Hon. Loring E. Gappy, Judge. Action by John F. Hughes against Royal B. Stearns and another. From a judgment in favor of plaintiff, defendants appeal.
1Opinion of the CourtCorson, J.
This is an attempted appeal by the defendants trom the judgment and an order denying a new trial. Upon the hearing a motion was made by the respondent to dismiss the appeal upon the grounds — First, that at the time of the taking of the purported appeal no judgment had been perfected in the action by the filing in the office of the clerk of the circuit court of a judgment roll; ar.d, second that the order denying defendants’ motion for a new trial was not entered of record at. the time the appeal was taken.
The second ground would not be a sufficient ground for the dismissal of the appeal,…
2Cases cited5 opinions
- Martin v. SmithSouth Dakota Supreme Court · 1899
- State ex rel. Morgan v. LammSouth Dakota Supreme Court · 1896
- A. L. Houghton & Co. v. ToddNebraska Supreme Court · 1899
- Bank of Iowa & Dakota v. OliverSouth Dakota Supreme Court · 1899
- Neeley v. RobertsSouth Dakota Supreme Court · 1899
3Cited by1 opinion
- Stephens v. FausSouth Dakota Supreme Court · 1906