Rudolph v. Herman
South Dakota Supreme Court
Appeal from circuit court Lincoln county. Hon. Frank R. Aikens. Judge. This opinion is rendered upon a petition for a rehearing in this case made by appellant to review the order of this court made September 4, 1893, affirming the decision of the lower court. The history of the case and the nature of the proceedings are fully set out in the opinion. The petition for rehearing is denied.
1Opinion of the CourtKellam, J.
This is an application to allow a reargument. The case has been twice appealed. In 50 N. W. 833 we affirmed the judgment of the circuit court dismissing the appeal from justice court on the ground that no proper undertaking had been served and filed. The action was in forcible entry and detainer. While I thought, and so said in an addendum, that the opinion went a little too far in stating that the appellate court acquired no jurisdiction of the appeal until a proper untaking was served and filed, it was the opinion of this court that the circuit court acquired no jurisdiction of the appeal…
2Cases cited3 opinions
- Rudolph v. HermanSouth Dakota Supreme Court · 1891
- Greeley v. WinsorSouth Dakota Supreme Court · 1891
- Rudolph v. HermanSouth Dakota Supreme Court · 1893