Edminster v. Rathbun

Citations

• 3 S.D. 129
• 52 N.W. 263
• 1892 S.D. LEXIS 40

Syllabus

<p>1. An appeal is taken from the judgment of a justice’s court by the service and filing of a notice of appeal, and the appeal is perfected by filing an undertaking on appeal as required by the statute.</p> <p>2. These are the only prerequisites to the taking of an appeal that áre ' . jurisdictional, and, when performed within the time prescribed by the statute,- after the rendition of the judgment appealed from, the appellate court has jurisdiction of the case.</p> <p>3. The payment of the justice’s fee for making his return does not constitute one of the acts necessary to perfect the appeal.</p> <p>4. When an appeal from a justice’s judgment was perfected more than 30 days before a term of the appellate court, but the justice’s return was not filed in the appellate court until after the commencement of the term, that court committed no error in dismissing the appeal, no sufficient excuse having been shown for the delay.</p> <p>(Syllabus by the Court.</p>