Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 18

Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 18

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: the appellate court must be given an opportunity to be heard there before that court will proceed to a decision upon the merits of the case. Grand Island & W. C. R. Co. v. Sweeney, 103 Fed. 342. 43 C. C. A. 255; Hamilton v. Blair, 23 Or. 64, 31 Pac. 197; Hunderlock v. Investment Co., 88 Ind. 139; Hunt v. Hawley, 70 Iowa 183, 30 N. W. 477. This court cannot determine the rights of persons who have no opportunity to be heard, any more than can the circuit court. Parties who fail to appeal are deemed to acqui esce in the judgment of the court below. 2JEncyc. Pl. & Pr. 18 s. D.--a5 V 157. All the proper parties to this proceeding are therefore presumptively satisfied with the conclusion of the learned cir-cuit court, and, in so far "as its adjudication afiects them, it should be neither reversed nor reviewed on this appeal. Moreover, the auditor is not an aggrieved party within the meaning of the statute. If his sole return to the writ would not have given the circuit court jurisdiction to review the pro-ceeding of the board, he alone certainly cannot affect such proceeding by taking an appeal. He therefore has no appeal-able interest in the subject-matter of this litigation. It appears, however, that the court entered a judgment against all the de-fendants for costs, and it is contended that this gives the audi-tor a right t-o appeal from the entire judgment, and demand a review upon the merits. The contention is untenable. It is apparent that this appeal was not taken because appellant was aggrieved by the judgment for costs. His evident purpose was to secure the reversal of the whole judgment. Suits are brought and prosecuted for the enforcement of rights involved or for the redress of wrongs complained of, and not for the...
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Product details

  • Paperback
  • 189 x 246 x 12mm | 404g
  • United States
  • English
  • black & white illustrations
  • 1236883241
  • 9781236883247