Aldrich v. Public Opinion Pub. Co.
South Dakota Supreme Court
Appeal from Circuit Court, Brown County. Hon. Frank McNulty, Judge. -Action by J. M. Aldrich against the Public Opinion Publishing Company, a corporation, and another. Judgment for plaintiff, and defendants serve notice of appeal. Motion by respondent to show cause -why the appeal should not be dismissed, and motion by appellants for leave to serve an undertaking.
1DissentCorson, J.
I am unable to concur in the views expressed by the maj ority of 'the court that the appeal in this case should be-dismissed, and I will briefly state my reasons for such dissent.
It is quite clear from the affidavit of appellants’ counsel that the failure to file and serve an undertaking in this case at the time the notice of appeal was served was an inadvertence on the part of the appellants’ counsel, in my judgment, and it is the duty of this court, under the power conferred upon it by the statute, to-allow the undertaking prepared by the appellant to be served and filed in this case as of…
2Cases cited6 opinions
- White v. PolleysWisconsin Supreme Court · 1866
- Architectural Iron Works v. . City of BrooklynNew York Court of Appeals · 1881
- Mather v. DarstSouth Dakota Supreme Court · 1899
- Fullerton Lumber Co. v. TinkerSouth Dakota Supreme Court · 1908
- Grant v. Connecticut Mutual Life InsuranceWisconsin Supreme Court · 1871
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