Sambo v. Semmler

This case was here on a former appeal. The appeal was dismissed. 61 S. D. 228, 248 N. W. 197. On rehearing the appeal was reinstated, and the judgment appealed from reversed, and a new trial awarded. 61 S. D. 459, 249 N. W. 817. The case was set for retrial on the 23d day of April, 1934. When it was called for trial the plaintiff moved to dismiss the action without prejudice. This motion was granted and a judgment of dismissal entered. This judgment contained the provision: “That said defendant, Solomon Semmler, have and recover of the plaintiff his costs and disbursements herein, in the sum…