Coburn v. Board of Com'rs

Citations

• 10 S.D. 552
• 74 N.W. 1026
• 1898 S.D. LEXIS 35

Syllabus

<p>1. Though, the dismissal oí an appeal, void for want of jurisdiction, leaves unimpaired the party’s right to perfect an appeal within the time allowed, it carries everything in connection with the appeal. So, where appeals were ineffectual because taken before the orders were entered, a subsequent notice of appeal from both orders, with no undertaking, cannot bo aided by the undertaking- on one of the former appeals; and appellant will not bo allowed to remedy a defect in such undertaking, so that it can be used for such purpose.</p> <p>2. No appeal lies from an order or judgment till- the latter has been entered as a permanent record of the court below. Hanisy, J., dissenting.</p>