Chandler v. Hill

Citations

• 13 S.D. 176
• 82 N.W. 397
• 1900 S.D. LEXIS 108

Syllabus

<p>1. Under Comp. Laws, § 6136, providing that no notice of trial or note of issue shall be required to be served or filed in order to bring a cause appealed from a justice’s court on the trial calendar of the circuit court, but such appeal shall be filed with the clerk and entered on the calendar, and shall stand for trial as soon as reached, a motion to strike such an appeal from the trial calendar of the same term during which it was filed was properly denied.</p> <p>2. Where, in an aotion in a justice court, defendant appeared specially, and moved to dismiss on the ground that the justice had acquired no jurisdiction of the defendant, and, after such motion was denied, appeared generally, without saving- an exception to the ruling- on such motion, defendant thereby submitted to the jurisdiction of the court; and a motion to dismiss the cause after it had been appealed to the circuit court, on the ground that the justice had no jurisdiction, was properly denied.</p>