Doering v. Jensen

Citations

• 16 S.D. 58
• 91 N.W. 343
• 1902 S.D. LEXIS 78

Syllabus

<p>1. An appeal bond in justice court, conditioned to pay the amount of the judgment appealed from and all costs if the appeal is withdrawn or dismissed, or any judgment and all costs that may be recovered against appellant in the action in the circuit court, is insufficient, under Comp. , Laws, § 6133, providing that an appeal from justice court shall not be effectual for any purpose unless an undertaking be filed for the payment of costs on the appeal.</p> <p>2. When the appeal' bond on an appeal from justice court is insufficient, the circuit court has no jurisdiction of the cause, and therefore cannot permit the filing of a sufficient bond.</p> <p>3. When the circuit court dismisses an appeal from justice court, though having jurisdiction thereof, it cannot afterwards authorize the filing of an amended appeal bond, without first vacating the order of dismissal.</p>