Collins v. Gladiator Consolidated Gold Mining & Milling Co.

Citations

• 19 S.D. 358
• 103 N.W. 385
• 1905 S.D. LEXIS 46

Syllabus

<p>1. On appeal on the judgment roll the question as to whether it presents reversible error is to be considered on the merits, and not on a motion to dismiss.</p> <p>2. .Failure of appellant to print his abstract and brief while a motion to dismiss is pending does not show that the appeal was taken merely for delay, or that appellant- has failed to prosecute it with reasonable diligence.</p> <p>3. Where an appeal is dismissed because of appellant’s failure to prosecute with due diligence, no second appeal from the same order or judgment should be allowed, unless the order of dismissal expressly reserves the right.</p> <p>4. On appeal from a judgment alone, the fact that a former appeal in .the same action was dismissed for failure to prosecute with due diligence does not require dismissal of the second appeal, where it does not appear from wliat the former appeal was taken.</p>