Anderson v. Bruflat
South Dakota Supreme Court
Appeal from Circuit Court, Hamlin County. Hon. Card G. Sherwood, Judge. Proceedings in mandamus by Hannah- Anderson, against Ben Bruflat, as sheriff of Hamlin county. From a judgment for plaintiff, defendant appeals.
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Appeal from Circuit Court, Hamlin County. Hon. Card G. Sherwood, Judge. Proceedings in mandamus by Hannah- Anderson, against Ben Bruflat, as sheriff of Hamlin county. From a judgment for plaintiff, defendant appeals. Respondent moves to dismiss appeal. ' (i) Under point one of the opinion, Respondent submitted -that: It is apparent from the transcript of the official court stenographer, that there are no exceptions to be settled or preserved- or settled record to 'be completed in this matter other than the judgment roll, as - the judgment roll shows the exceptions and all of them. Therefore…
1Opinion of the Court
• WHITINlG, J.
[1] Defendant appealed from a judgment granting a peremptory w-rit of mandamus. Rule 6 of this court (29 S. D. 4, Rules, 140 N. W. viii) requires an appellant to- serve and file his brief upon appeal within 30 days after notice of appeal, except in those cases where a settled record has not been completed at time of notice of appeal, and, in those cases, within 30 days after completion of such record. Rule 24 (29 S. D. 14, Rules, 140 N. W. xii) provides that a failure to comply with the requirements o>f the rules of this court will, within the discretion of the court, be cause…
2Cited by3 opinions
- Schurman v. SchurmanSouth Dakota Supreme Court · 1932
- Graff v. EngebretsonSouth Dakota Supreme Court · 1938
- Rodman v. RodmanSouth Dakota Supreme Court · 1928