Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 20

Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 20

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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. 1908 edition. Excerpt: ...Gade v. Collins, 8 S. D. 322, 66 N. W. 466: Sinkling v. Railway Co., 10 S. D. 560, 74 N. W. 1029; Machine Co. v. Skau. 10 S. D. 636. 75 N. W. 199: Bourne v. Johnson, 10 S. D. 36, 71 N. W. 140; Parrish v. Maliany, 10 S. D. 276, 73 N. W. 97; Mettel v. Gales, 12 S. D632, 82 N. ." 181; Hughes v. Stearns, 13 S. D. 628, 84 N. W. 196. Under the law as it was prior to 1901 no appeal wouldlie from a judgment or order until after it had been "entered" as a permanent record of the court below. State v. Lamm, 9 S. D. 418, 69 N. '. 592; Coburn v. Board, 10 S. D. 552, 74 N. W. 1026; Martin v. Smith. 11 S. D. 437, 78 N. W. 1001; Chamberlain v. Hedger, 10 S. D. 290, 73 N. W. 75: Sinkling v. Railway 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. 520, 86 N. W. 23. The sections of the Compiled Laws upon which these decisions were based were in corporated into the Revised Code of Civil Procedure of 1903 without change. Comp. Laws 1887, 5215, 5236; Rev. Code Civ. Proc. 441, 462. The act of 1901, which provided that a judgment shall be complete and effective when rendered by the court, attested by the clerk and filed in his ofiice, and that an order shall become complete and effective as such when made in writing, signed by the court or judge, attested by the clerk, and filed in his ofiice, was also carried into the Revision of 1903. Laws 1901, pp. 267, 268, c. 166, 1. 2; Rev. Code Civ. Proc. 316, 317. By the same act it was made the duty of the clerk, "immediately...
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Product details

  • Paperback | 278 pages
  • 189 x 246 x 15mm | 499g
  • United States
  • English
  • black & white illustrations
  • 1236756789
  • 9781236756787