Perkins v. Roberts County
South Dakota Supreme Court
Appeal from Circuit Court, Roberts County. Hon. J. H. BoTTum, Judge. Action by John C. Perkins against Roberts County, South Dakota, wherein Andrew Marvick and another intervened. Erom an order rejecting and refusing to confirm the report of a referee, plaintiff appeals.
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Appeal from Circuit Court, Roberts County. Hon. J. H. BoTTum, Judge. Action by John C. Perkins against Roberts County, South Dakota, wherein Andrew Marvick and another intervened. Erom an order rejecting and refusing to confirm the report of a referee, plaintiff appeals. The statute providing that -the court or the referee must file his report .within a certain limited time is merely directory, and failure to file within that time will not invalidate the report or a judgment founded thereon. Kellar v. Sutrick, 22 Cal. 471; Broad v. Murray, 44 Cal. 228; McQuillen v. Donahue, 49 Cal. 157;…
1Opinion of the CourtSmith, P. J.
Plaintiff, who is appellant here, brought an action in the circuit court of Roberts county to recover $1,368.75 alleged to be due him .as clerk of court for the years 1900, 1901, and 1902, as a balance of salary, fees, and compensation fixed by statute. Defendant answered alleging a complete settlement and adjustment of plaintiff’s claim, and pleading a counterclaim. Hon. R. W. Crofoot was appointed referee to try and determine the issues in the action. The order of reference was made on November 22, 1904. A trial was lifid before the referee in January, 1905. On May 26, 1905, plaintiff…
2Cases cited20 opinions
- Clark v. Bank of HennesseySupreme Court of Oklahoma · 1904
- Green v. . GreenSupreme Court of North Carolina · 1873
- McQuillan v. DonahueCalifornia Supreme Court · 1874
- Roblin v. PalmerSouth Dakota Supreme Court · 1896
- Broad v. MurrayCalifornia Supreme Court · 1872
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3Cited by5 opinions
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- E. M. Biggs Tie & Store Co. v. Arlington Land Co.New Mexico Supreme Court · 1919