McPherson v. Julius
South Dakota Supreme Court
Appeal from circuit court, Lawrence county; Hon Levi McGee, Judge. Action by Donald A. McPherson and others against James Julius and others. From a judgment in favor of plaintiffs, defendants appeal. A bill of exception may be settled after an appeal has been perfected. Implement Co. v. Porteous 7 S. D. 84; Coulter v. Ry. Co., 67 N. W, 1046; Hedlnn y.
Read the full summary
Appeal from circuit court, Lawrence county; Hon Levi McGee, Judge. Action by Donald A. McPherson and others against James Julius and others. From a judgment in favor of plaintiffs, defendants appeal. A bill of exception may be settled after an appeal has been perfected. Implement Co. v. Porteous 7 S. D. 84; Coulter v. Ry. Co., 67 N. W, 1046; Hedlnn y. Holy Terror M, Co., 85 N, W. 861; McGillycuddy v. Morse 7 S. D. 592; Moe v. Railroad Co., 50 N. W. 715. If the locator marks his claim with eight substantial posts hewed or blazed on side facing the claim and plainly marked with the name of the…
1Opinion of the CourtCorson, J.
This is an action to quiet title to a mining claim in Lawrence county. The case was tried to the court without a jury, and, the findings and judgment being in favor of the plaintiffs, the defendants appealed.
On this case being called for argument, the plaintiffs and respondents moved the court, upon notice previously given, to strike from the record the bill of exceptions settled and allowed by the court on the 31st day of July, 1901, upon the grounds that the same was not signed and settled within the time al lowed by law, and no good cause was shown why the same should be settled after the…
2Cases cited25 opinions
- Jupiter Mining Co. v. Bodie Consolidated Mining Co.District Court, D. California · 1881
- Richmond Mining Co. v. RoseSupreme Court of the United States · 1885
- Thompson v. SprayCalifornia Supreme Court · 1887
- Watson v. MayberryUtah Supreme Court · 1897
- Johnson v. Northern Pacific RailroadNorth Dakota Supreme Court · 1890
20 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Fuller v. AndersonSouth Dakota Supreme Court · 1926
- First National Bank v. WollmanSouth Dakota Supreme Court · 1927
- Sherin v. EastwoodSouth Dakota Supreme Court · 1913
- Zimmerman v. FunchionCourt of Appeals for the Ninth Circuit · 1908
- State v. CoughranSouth Dakota Supreme Court · 1905
6 more not listed; retrieve them via the Exa API.