Brown v. Brown

Citations

• 12 S.D. 380
• 81 N.W. 627
• 1900 S.D. LEXIS 34

Syllabus

<p>1. An order of the eirtuit court, refusing motion to dismiss appeal from a justice of the peace, based on the absence of an undertaking for costs, is part of the judgment roll, matters in which alone are, under Comp. Laws, § 5237, brought up for review by appeal from judgment only of the circuit court; Section 5103 providing that there shall be included in the judgment roll “all orders or papers in any way involving the merits and necessarily affecting the judgment. ”</p> <p>2. The statutory requirement of an undertaking for costs in the sum of $100 on appeal from a justice of the peace is not satisfied by a deposit with the justice of the amount of the costs and the value of the property for which there was judgment.</p> <p>3. The giving a bond for costs on appeal from a justice of the peace is necessary to give the circuit court jurisdiction, so that the giving thereof is not waived by going to trial in the circuit without objection.</p>