Barber v. Johnson
South Dakota Supreme Court
Appeal from circuit court, Sully county. Hon. H. G. Fuller, Judge. Action by H. R. Barber against Charles W. Johnson. From a conditional order vacating an order dismissing an appeal from a justice's court, plaintiff appeals.
1Opinion of the CourtKellam, J.
The facts in this case, briefly stated, are these: Plaintiff who is appellant, obtained judgment against defendant and respondent in a justice’s court. Within the statutory time the defendant gave notice of appeal, and filed an undertaking with two sureties, who severally made and attached an affidavit as to their personal and pecuniary qualifications. To the sufficiency of the sureties the plaintiff in due time excepted. The justice set a time for their justification before him, but neither at that nor at any other time subsequent to such exception did they or other surt ties appear and…
2Cases cited4 opinions
- Coker v. Superior CourtCalifornia Supreme Court · 1881
- McCracken v. Superior CourtCalifornia Supreme Court · 1890
- Rudolph v. HermanSouth Dakota Supreme Court · 1891
- Judson v. BulenSupreme Court Of The Territory Of Dakota · 1888
3Cited by4 opinions
- Hoffman v. LewisUtah Supreme Court · 1906
- McDonald v. ParisSouth Dakota Supreme Court · 1896
- Wasem v. BellachSouth Dakota Supreme Court · 1903
- Miller v. LewisSouth Dakota Supreme Court · 1903