Dakota National Bank v. Klein-Schmidt
South Dakota Supreme Court
Appeal from Circuit Court, Hughes County. Hon. John E. Hughes, Judge. Action by the Dakota National Bank against Ga H. Kleinschmidt. From a judgment in favor of defendant, -plaintiff appeals. Appellant, in its brief, does not set forth any assignment of errors. We submit that appellant should be required to set forth its assignments of error, and upon its failure to do so, the court should refuse to' consider same.
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Appeal from Circuit Court, Hughes County. Hon. John E. Hughes, Judge. Action by the Dakota National Bank against Ga H. Kleinschmidt. From a judgment in favor of defendant, -plaintiff appeals. Appellant, in its brief, does not set forth any assignment of errors. We submit that appellant should be required to set forth its assignments of error, and upon its failure to do so, the court should refuse to' consider same. Further, 'appellant, in its argument, complains of the instructions of the court, but does not set forth in its brief such instructions. Instructions in any case are read and we…
1Opinion of the CourtSmith, J.
Appeal from circuit court of .Hughes county. Appellant having failed to file a-brief, with-statement of facts amjl assignment of error, as required by law and the rules of this court, there is nothing before -the court at this time . for consideration. Under the well-established rule of this court, a failure to file briefs, with proper assignments of error, is an abandonment of the appeal. Paul Book Co. v. Ringsdorf, 27 S. D. 218, 130 N. W. 83; Todd v. Carr, 17 S. D. 514, 97 N. W. 720; Russel v. Deadwood Development Co., 16 S. D. 644, 94 N. W. 693; Meyer v. Chicago, M. & St. P. R. R. Co., 22…
2Cases cited6 opinions
- Russell v. Deadwood Development Co.South Dakota Supreme Court · 1903
- Todd v. CarrSouth Dakota Supreme Court · 1903
- Whitcher v. FooteSouth Dakota Supreme Court · 1910
- Meyer v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1908
- Paul Book Co. v. RingsdorfSouth Dakota Supreme Court · 1911
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