Hodges v. Bierlein
South Dakota Supreme Court
Appeal from circuit court, Marshall county. Hon. A. W. Campbell, Judge. Action in assumpsit. Plaintiff had judgment, and defendant appeals. The abstract of appellant set out what purported to be' the evidence upon the trial. No bill of exceptions or statement was ever settled and respondent moved in this court to strike from the record this purported evidence.
1Opinion of the CourtKellam, J.
This was an appeal from a judgment rendered against appellant by the circuit court of Marshall county. Appellant files an abstract setting out what purports to be the evidence upon the trial, without any statement or suggestion as to how it was made a part of the record. Respondent files an amended abstract denying the correctness of appellant’s abstract, and distinctly alleging that no bill of exceptions or statement was ever settled, and that the purported evidence presented by appellant’s abstract is no part of the record. This amended abstract is not denied by appellant. Upon this record,…
2Cases cited5 opinions
- Brooke v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1890
- Kent v. CoquillardSupreme Court of Iowa · 1885
- Lucas v. JonesSupreme Court of Iowa · 1876
- Hart v. JacksonSupreme Court of Iowa · 1881
- Zimmerman v. Merchants & Bankers' InsuranceSupreme Court of Iowa · 1889
3Cited by13 opinions
- Pap v. PapSupreme Court of Iowa · 1955
- Butler v. ButlerSupreme Court of Iowa · 1962
- Anderson v. Scandia Mining SyndicateSouth Dakota Supreme Court · 1910
- Medland v. WalkerSupreme Court of Iowa · 1895
- Denison Cotton Mill Co. v. McAmisTexas Commission of Appeals · 1919
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