Miller v. Lewis
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon: Levi McGee, Judge. Action by Irvin C. Miller against Freeman Lewis. Judgment for plaintiff. Defendant appeals.
1Opinion of the CourtFuller, J.
In this action, judgment on demurrer to the complaint was obtained in justice court, and an appeal to the circuit court upon both questions of law and fact was ineffectual, for the reason that the undertaking contained no provision for the payment of costs on appeal. Under the decisions of this court, the defendant’s objection that the circuit court was without jurisdiction to hear and determine the cause was well taken, and should have been sustained. Rudolph v. Herman, 2 S. D. 399, 50 N. W. 833; Barber v. Johnson, 4 S. D. 528, 57 N. W. 225; Smith v. Coffin, 9 S. D. 502, 70 N. W. 636; Brown…
2Cases cited8 opinions
- Rudolph v. HermanSouth Dakota Supreme Court · 1891
- Brown v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1898
- Smith v. CoffinSouth Dakota Supreme Court · 1897
- Brown v. BrownSouth Dakota Supreme Court · 1900
- Ramsdell v. DuxberrySouth Dakota Supreme Court · 1903
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3Cited by1 opinion
- White v. HullsMontana Supreme Court · 1921