Bright v. Juhl

Citations

• 16 S.D. 440
• 93 N.W. 648
• 1903 S.D. LEXIS 104

Syllabus

<p>1. Comp. Laws, § 5343, provides that an action is pending from the time of its commencement until determination on appeal, or the time for appeal has passed, unless the judgment is satisfied. Held that, when the time for an appeal has expired, the action is terminated, and the trial court had no jurisdiction to grant a new trial.</p> <p>2. Where an action has terminated by the expiration of the time for an appeal, the parties cannot, by a stipulation that a motion for a new trial may be heard, confer on the court jurisdiction to grant a new trial.</p>