Brewster v. Miller
South Dakota Supreme Court
Appeal from Circuit Court, Roberts County. Hon. Feank McNulty, Judge. Application in the Supreme Court for the inclusion of ten per cent, damages in the taxation of costs.
1Opinion of the CourtGates, J.
[1] Application under subdivision 5 of section 411, C. C. P., for the awarding of damages in the sum of 10 per cent, of the judgment on acocunt of delay caused by the taking of the appeal. The opinion in this case is- reported in 141 N. W. 778. Judgment was entered in the trial court December 14, 1911. A stay of proceedings was immediately granted and thereafter-*188wards continued from time to time. Appellant’s attorney did not receive the stenographer’s transcript until some period in March, 1912. The order denying a new trial was entered August 3, 1912. The notice of appeal was' served August…
2Cases cited1 opinion
- Brewster v. MillerSouth Dakota Supreme Court · 1913