Polluck v. Minneapolis & St. Louis Railroad
South Dakota Supreme Court
Appeal from Circuit Court, Codington County. Hon. William N. Skinnlr, Judge. Action by Stanley Polluck, against the. Minneapolis & 'St. Louis Railroad Company, a corporation. From a judgment for plaintiff, defendant appeals after statutory period had expired, and from an order denying a new trial, it appeals. (i) To point one of the opinion, Respondent cited: Section 3147 Revised 'Code 1919; Aldrich v. Public Opinion Pub. Co., 27 S. D. 589, 132 Nl.
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Appeal from Circuit Court, Codington County. Hon. William N. Skinnlr, Judge. Action by Stanley Polluck, against the. Minneapolis & 'St. Louis Railroad Company, a corporation. From a judgment for plaintiff, defendant appeals after statutory period had expired, and from an order denying a new trial, it appeals. (i) To point one of the opinion, Respondent cited: Section 3147 Revised 'Code 1919; Aldrich v. Public Opinion Pub. Co., 27 S. D. 589, 132 Nl. W. 278; King v. Herb’, 29 S. D. 218; 13.6 N. W. 106; Hackett v. Gunderson, 1 'S. D. 479; 47 N. W. $46; Dodge v. Kimple, 121 Cal. 580, 54 Pac. 94;…
1Opinion of the CourtWhiting, J.
This cause is before us upon an order requiring appellant to show cause:(a) Why the appeal herein should not be dismissed.(b) Why certain papers, documents, and records should not be stricken from the files of this court..This was a single appeal taken from a judgment and from an order denying! a new trial. The appeal from the judgment is concededly abortive because not taken within the time limited by statute. Keyes v. Baskerville, 41 S. D. 214, 170 N.W. 143. The appeal was taken within the statutory period for taking appeals from orders, but the undertaking served and filed with the notice…
2Cases cited12 opinions
- Ryer v. RyerCalifornia Supreme Court · 1895
- Aldrich v. Public Opinion Pub. Co.South Dakota Supreme Court · 1911
- Bell v. StaackeCalifornia Supreme Court · 1902
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1918
- Nelson v. LelandSupreme Court of the United States · 1860
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3Cited by5 opinions
- Ronan v. First National Bank of ArizonaArizona Supreme Court · 1962
- Sheehan v. Industrial CommissionWisconsin Supreme Court · 1956
- Haines v. WaiteSouth Dakota Supreme Court · 1932
- Warren v. LincolnSouth Dakota Supreme Court · 1929
- Board of Trustees of Lawrence College v. HoffmanSouth Dakota Supreme Court · 1921