Erpenbach v. Chicago, M. & St. P. Ry. Co.

Citations

• 11 S.D. 201
• 76 N.W. 923
• 1898 S.D. LEXIS 99

Syllabus

<p>1. Where an order dismissing' an appeal from a justice court recites that the motion to dismiss was regularly brought on for hearing, and there is nothing in the record on appeal from such order that contradicts such recital, it will be presumed that notice was given, if required.</p> <p>2. A bond on appeal from a justice court is requisite to give the appellate court jurisdiction, and cannot be waived by agreement of parties.</p>