Rudolph v. Herman
South Dakota Supreme Court
Appeal from the circuit court, Lincoln county. Hon; Frank R. Aikens, Judge. Action of forcible entry and detainer, Judgment for plaintiff. Defendant appealed to circuit court. His appeal was there dismissed. Defendant apx>eals to this- court from order of the circuit court dismissing his appeal. Kellam, J., concurring specially.
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Appeal from the circuit court, Lincoln county. Hon; Frank R. Aikens, Judge. Action of forcible entry and detainer, Judgment for plaintiff. Defendant appealed to circuit court. His appeal was there dismissed. Defendant apx>eals to this- court from order of the circuit court dismissing his appeal. Kellam, J., concurring specially. No bond for costs need be given in appeals from justice courts in forcible entry and detainer cases. §§ 5219, 5220, 6133, 6134, 6129, 6178, 6179, Comp. Laws; Robe v. Hamilton, 15 Cal. 81. Plaintiff could, and did, waive objections to the undertaking. Blair v.…
1Opinion of the CourtBennett, J.
This is an appeal from an order of the circuit court dismissing an appeal taken from a judgment of a justice of the peace under the forcible entry and detainer act, and for the recovery of $100 as rents and damages, and costs. The reasons urged for dismissing the appeal before the circuit court were: (1) That the undertaking filed contained no condition fpr the payment of costs on appeal; (2) that the bond was in no stated amount; (3) that it named no obligee; (4) that the judgment appealed from was not sufficiently described; and (5) that the sureties failed to justify.
The appellant claims…
2Cases cited1 opinion
- Coker v. Superior CourtCalifornia Supreme Court · 1881
3Cited by16 opinions
- Aldrich v. Public Opinion Pub. Co.South Dakota Supreme Court · 1911
- Brown v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1898
- Eldridge v. KnightNorth Dakota Supreme Court · 1903
- Towle v. BradleySouth Dakota Supreme Court · 1892
- McDonald v. ParisSouth Dakota Supreme Court · 1896
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