Haukland v. Minneapolis & St. Louis R'y. Co.
South Dakota Supreme Court
Appeal from circuit court, Grant county. Hon. A. W. Campbell, Judge. Action for damages. From a judgment for plaintiffs-before a justice of the peace, defendant appealed to the circuit court, where its appeal was dismissed. Defendant appeals. The facts are stated in the opinion. The motion to dismiss the appeal came too late. McDonald v. Thompson, 16 Col. 113; Ricker v. Collins, 81 Tex. 662; 'Exparte Ostrander, 1 Den.
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Appeal from circuit court, Grant county. Hon. A. W. Campbell, Judge. Action for damages. From a judgment for plaintiffs-before a justice of the peace, defendant appealed to the circuit court, where its appeal was dismissed. Defendant appeals. The facts are stated in the opinion. The motion to dismiss the appeal came too late. McDonald v. Thompson, 16 Col. 113; Ricker v. Collins, 81 Tex. 662; 'Exparte Ostrander, 1 Den. (N..Y.) 679. The papers were not transmitted in time. § 6136, Comp. Laws; Edminster v. Rathbun, 3 S. D. 129, 52 N. W. 263.
1Opinion of the CourtHaney, J.
This action was tried in justice’s court, and" judgment rendered therein, April 13, 1896. April 28th defendant filed its undertaking on appeal. April 30th plaintiffs excepted tó the sureties. May 9th defendant filed a second undertaking. May 11th plaintiffs excepted to the sureties on this undertaking. Neither of the sureties on either undertaking ever justified. May 16th defendant filed a third undertaking, with two sureties, who had not signed either of the other undertakings. June 9th the record was transmitted by the justice to the circuit court. October 6th it was filed in the office of…
2Cases cited1 opinion
- Edminster v. RathbunSouth Dakota Supreme Court · 1892
3Cited by1 opinion
- Alexander v. RansomSouth Dakota Supreme Court · 1902