Morrison v. O'Brien
South Dakota Supreme Court
Appeal from circuit court, Codington county. Hon. Julian Bennett, Judge. Action by Richard H. Morrison against Thomas O’Brien. From a judgment for plaintiff, defendant appeals. On motion to dismiss appeal.
1Opinion of the CourtCorson, J.
This case comes before us on motion to dismiss the appeal on the ground that no undertaking on appeal *373was filed with the notice of appeal, or a copy thereof served with the notice of appeal by appellant, as required by section 457, Code Civ. Proc. It appears from the abstract that the judgment was entered in favor of the plaintiff on the 21st day of November, 1902; that on the 26th day of December, 1902, the defendant caused to be served on the attorney for the plaintiff and filed in the office of the clerk of the circuit court an undertaking on appeal to the supreme court; that subsequently…
2Cited by8 opinions
- Aldrich v. Public Opinion Pub. Co.South Dakota Supreme Court · 1911
- State v. CampbellSupreme Court of New Jersey · 1969
- Rockland Elec. Co. v. Bolo Corp.New Jersey Superior Court Appellate Division · 1961
- Vitek v. Bon Homme County Board of CommissionersSouth Dakota Supreme Court · 2002
- Donovan v. WoodcockSouth Dakota Supreme Court · 1904
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