Brown v. Chicago, M. & St. P. Ry. Co.
South Dakota Supreme Court
■ Appeal-from circuit court, Hutchinson county. Hon. E. G. Smith, Judge. Action by Alfred Brown against the Chicago, Milwaukee & St. Paul Railway Company. Judgment for plaintiff. Defendant appeals to the circuit court, thence to the supreme court. The facts are stated in the opinion.
1Opinion of the CourtCorson, P. J.
This is an appeal from the judgment of the circuit court dismissing an appeal taken from a judgment rendered by a justice of the peace. The plaintiff and respondent moved the circuit court to dismiss the appeal on several grounds, the principle one being that the appellant filed no undertaking on appeal. The motion was resisted upon the ground that an undertaking on appeal was waived by the respondent by his counsel, who signed the following indorsement upon the appeal: “Due service admitted this 25th day of January, 1897, and undertaking for costs and stay pending appeal is hereby waived.”…
2Cases cited8 opinions
- Santom v. BallardMassachusetts Supreme Judicial Court · 1882
- Rudolph v. HermanSouth Dakota Supreme Court · 1891
- Henderson v. BensonMassachusetts Supreme Judicial Court · 1886
- Folsom v. CornellMassachusetts Supreme Judicial Court · 1889
- Smith v. CoffinSouth Dakota Supreme Court · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Aldrich v. Public Opinion Pub. Co.South Dakota Supreme Court · 1911
- Washburn v. DelaneySupreme Court of Oklahoma · 1911
- Eldridge v. KnightNorth Dakota Supreme Court · 1903
- Brown v. BrownSouth Dakota Supreme Court · 1900
- Deardoff v. ThorstensenNorth Dakota Supreme Court · 1907
7 more not listed; retrieve them via the Exa API.