Towle v. Bradley
South Dakota Supreme Court
Appeal from Sully county court. Hon. Thos. M. Goddard, Judge. Action in justice court for work and labor performed. Judgment for defendant. Plaintiffs appealed to county court where plaintiff had judgment. Defendant appeals. The facts are stated in the opinion. No practicing attorney can be a surety upon an undertaking in any suit pending in the courts of this state. § 469, Pol. Code; Shnek v. Hagar, 24 Minn. 341; Cothrenv. Connaughton, 24 Wis. 137; G-ilbankv.
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Appeal from Sully county court. Hon. Thos. M. Goddard, Judge. Action in justice court for work and labor performed. Judgment for defendant. Plaintiffs appealed to county court where plaintiff had judgment. Defendant appeals. The facts are stated in the opinion. No practicing attorney can be a surety upon an undertaking in any suit pending in the courts of this state. § 469, Pol. Code; Shnek v. Hagar, 24 Minn. 341; Cothrenv. Connaughton, 24 Wis. 137; G-ilbankv. Stephenson, 30 Wis. 156. An undertaking on appeal must be executed by two or more sureties. § 6133, Comp. Laws. Affidavits of sureties…
1Opinion of the CourtCorson, J.
This action was commenced and tried in a justice court of Sully county, and judgment rendered in favor of defendant. From this judgment the plaintiff appealed to the county court of that county. When the case was called for trial in the county court, counsel for defendant moved the court to dismiss the appeal, on the grounds: (1) Because the attempted appeal was not taken according to law; (2) because no legal or proper undertaking was entered into, given, or filed on the pretended appeal; (3) because there is only one legal and qualified surety who signed and executed the undertaking on…
2Cases cited7 opinions
- Rudolph v. HermanSouth Dakota Supreme Court · 1891
- Gilbank v. StephensonWisconsin Supreme Court · 1872
- Cothren v. ConnaughtonWisconsin Supreme Court · 1869
- RICKETT v. JOHNSONCalifornia Supreme Court · 1857
- Coulter v. StarkCalifornia Supreme Court · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Skinner v. HoltSouth Dakota Supreme Court · 1896
- State v. RogersCourt of Appeals of North Carolina · 1984
- McDonald v. ParisSouth Dakota Supreme Court · 1896
- Rudolph v. HermanSouth Dakota Supreme Court · 1893
- Schaffer v. TroutweinSupreme Court of Oklahoma · 1913
6 more not listed; retrieve them via the Exa API.