Noyes v. Lane
South Dakota Supreme Court
Appeal from district court, Spink county. Opinion upon rehearing. An appellant’s abstract is an allegation that the statements therein are a true presentation of the portions of the record therein referred to. If no additional abstract is made and no denial by an abstract of the appellant’s statements, the appellate court is governed in the hearing and decision of the case by the. statements in the appellant’s abstract.
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Appeal from district court, Spink county. Opinion upon rehearing. An appellant’s abstract is an allegation that the statements therein are a true presentation of the portions of the record therein referred to. If no additional abstract is made and no denial by an abstract of the appellant’s statements, the appellate court is governed in the hearing and decision of the case by the. statements in the appellant’s abstract. A denial of the appellant’s abstract cannot be made in argument or on motion, or in any other way than by serving an additional abstract. Rules 17 and 18, supreme court South…
1Opinion of the CourtKellam, J.
This case was originally heard and decided at the February term, 1890, of this court, and is reported in 1 S. D. 125, 45 N. W. Rep. 327. As stated in the former opinion, it was submitted on the briefs and arguments in Drug Co. v. Lane, 1 S. D. 129, 45 N. W. 329. There was a printed abstract of the case, but no brief, except as by agreement the brief in the Drug Co. Case was considered and treated as a brief in this *56case. The case was an appeal from an order of the district court discharging an attachment. The printed abstract stated that the warrant of attachment was issued upon an affidavit…
2Cases cited8 opinions
- Bailey v. Mutual Benefit Ass'nSupreme Court of Iowa · 1886
- Rhutasel v. StephensSupreme Court of Iowa · 1886
- Mielenz v. QuasdorfSupreme Court of Iowa · 1886
- Eldredge v. BellSupreme Court of Iowa · 1884
- Farmer & Sons v. SasseenSupreme Court of Iowa · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Arneson v. SpawnSouth Dakota Supreme Court · 1891
- Peart v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1896
- Farmers' & Merchants' State Bank v. DoeringSouth Dakota Supreme Court · 1928
- State v. HarbourSouth Dakota Supreme Court · 1911
- Lothian v. Western Union Telegraph Co.South Dakota Supreme Court · 1910
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