Neeley v. Roberts
| Decision Date | 02 September 1899 |
| Citation | 11 S.D. 634,80 N.W. 130 |
| Parties | NEELEY v. ROBERTS. |
| Court | South Dakota Supreme Court |
OPINION TEXT STARTS HERE
Appeal from circuit court, Hughes county; Loring E. Gaffy, Judge.
Action by Thomas Neeley against David E. Roberts. From an order, plaintiff appeals. Dismissed.John A. Holmes, for appellant. U. S. G. Cherry, for respondent.
This appeal is from an order setting aside a report of a referee, and modifying a restraining order previously made. Respondent moved to dismiss for the reason, among others, that the order had not been entered when the appeal was taken. Upon the hearing of this motion, appellant was granted an order to show cause why he should not be allowed to amend his abstract by adding thereto the following statement: “Said order appealed from was duly filed as a record in said action on January 7, 1898, and duly recorded in the circuit court order book No. 2, on page 195, the same being the Hughes county order book No. 2, and that said order was duly recorded nunc pro tunc as of January 7, 1898.” It appears from appellant's application to amend that the order appealed from was not entered when the appeal was taken and perfected, but that subsequently the clerk entered it as of a date prior to that time. His application to amend must be denied, and respondent's motion granted. Martin v. Smith (S. D.) 78 N. W. 1001; Bank v. Oliver, Id. 1002. The appeal is dismissed.
1. For further opinion, see 80 N. W. 1078.
To continue reading
Request your trial
-
Hahn v. Citizens State Bank
... ... v. Ry. Co., 74 N.W. 1029; Smith v. Hawley, 78 ... N.W. 355; Martin v. Smith, 78 N.W. 1001; Bank v ... Oliver, 78 N.W. 1002; Neeley v. Roberts, 80 ... N.W. 130.) Notice served before appeal taken is improper ... ( Heil v. Simons, 28 P. 475.) A compliance with the ... statute ... ...
-
Stephens v. Faus
... ... Co., supra; Machine Co. v. Skau, supra; Smith v ... Hawley, 11 S.D. 399, 78 N.W. 355; Bank v ... Oliver, 11 S.D. 444, 78 N.W. 1002; Neeley v ... Roberts, 11 S.D. 634, 80 N.W. 130; Hughes v. Stearns, ... supra; Mettel v. Gales, supra; Dyea Electric Light Co. v ... Easton, 14 S.D ... ...
-
Stephens v. Faus
...73 NW 75; Sinkling v. Railway Co., supra; Machine Co. v. Skau, supra; Smith v. Hawley, 78 NW 355; Bank v. Oliver, 78 NW 1002; Neeley v. Roberts, 80 NW 130; Hughes v. Stearns, supra; Mettel v. Gales, supra; Dyea Electric Light Co. v. Easton, 86 NW 23. The sections of the Compiled Laws upon w......
-
Hughes v. Stearns
... ... Martin v. Smith,(1899); State v. Lamm,(1896); Bank of Iowa v. Oliver,(1899); Neeley v. Roberts, 78 NW 634, 80 NW 130 (1899) ... The first ground of the motion, however, if sustained by the record, would necessitate the dismissal ... ...