McLean v. Merriman
South Dakota Supreme Court
Appeal from Circuit Court, Spink County. Hon. Alva E. Taylor, Judge. Action by Charles 'McLean against E. B. Merriman, to recover damages for alleged libel. From a judgment for defendant upon directed verdict, and from an order denying a new trial, defendant appeals.
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Appeal from Circuit Court, Spink County. Hon. Alva E. Taylor, Judge. Action by Charles 'McLean against E. B. Merriman, to recover damages for alleged libel. From a judgment for defendant upon directed verdict, and from an order denying a new trial, defendant appeals. (5) To point five of the opinion, Appellant cited: Children v. Shinn (la.) 150 N. W. 864. (7)' To point seven, Appellant cited: Sec. 2, Chap. 154, Laws 1903; Newell Slander & Libel, Sec. 39, page 107; 23. Cyc. 315, 263, and notes. (8) To point eight, Appellant cited: Myers v. Longstaff, 14 S. D. 98. (9) To point nine, Appellant…
1Opinion of the CourtWhtin'G, J.
Action to recover damages because Of alleged libel. • A verdict was directed in favor of defendant. From the judgment entered thereon, and from an order denying a new trial, defendant attempted to appeal.
[1-3] The notice of appeal was served and filed more than a year after the entry o'f the judgment. The attempted appeal from the judgment 'was therefore abortive. Chapter 201, Laws 1917; section 3147, Rev. Code 1919. This is true, even though the time within which an appeal from the order denying a new trial could be taken had not yet expired. Keyes v. Baskerville, 42 S. D. 381, 170 N. W.…
2Cases cited7 opinions
- Andrews v. . GardinerNew York Court of Appeals · 1918
- Briggs v. GarrettSupreme Court of Pennsylvania · 1886
- Marks v. BakerSupreme Court of Minnesota · 1881
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
- Egan v. DotsonSouth Dakota Supreme Court · 1915
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