Sutton v. Consolidated Apex Mining Co.
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. Levi McGee, Judge. Action to foreclose a mortgage by George A. Sutton and others against the Consolidated Apex Mining Company and others. Prom a judgmeut adjudging certain liens prior to the mortgage, plaintiffs appealed. After a sale of the mortgaged premises under the decree, a motion was made to dismiss the appeal.
1Opinion of the CourtCorson, J.
This case comes before us on two motions on the part of respondents to dismiss the appeal taken herein by the plaintiffs and one Evans, who was both plaintiff and de*578fendant. The first motion which we shall consider is made upon the following grounds: (1) That no sufficient undertaking has been given, and this question is also raised and directed separately to the appeal on the part of the appellant Evans; (2) that appellants cannot, in law, appeal, because the decree was procured upon their motion, and they thereby consented to and have acquired benefits thereunder; (3) that since the entry…
2Cases cited3 opinions
- Senter v. De BernalCalifornia Supreme Court · 1869
- Thompson v. EllsworthNew York Court of Chancery · 1846
- Cotes v. CarrollNew York Supreme Court · 1865
3Cited by14 opinions
- Morrell Livestock Co. v. Stockman's Commission Co.South Dakota Supreme Court · 1957
- Lucey v. VilhauerSouth Dakota Supreme Court · 1935
- Crouch v. Dakota, W. & M. R. R.South Dakota Supreme Court · 1908
- Fergen v. LonieSouth Dakota Supreme Court · 1926
- In Re Reese TrustSouth Dakota Supreme Court · 2009
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