Canton Concrete Products Corp. v. Alder

Although SDCL 15-26-2 does not by its terms require that the service of the notice of the filing of an order must be made by the attorney for the prevailing party, such a requirement has long been assumed by this court. In Labidee v. City of Pierre, 43 S.D. 31, 177 N.W. 499, this court said:

The object of the above statute [SDCL 15-26-2] is two-fold. It gives to a party the power to set running the time after which his adversary may not appeal. Braun v. Thuet, 42 S.D. 491, 174 N.W. .807. But it also assures each party that the statutory period of time within which he may appeal does not…