F B. Fargo & Co. v. Graves

Citations

• 12 S.D. 293
• 81 N.W. 291
• 1899 S.D. LEXIS 115

Syllabus

<p>Under Comp. Laws, § 6132, requiring a justice, on payment of his fee, to transmit the pleadings, etc., to the circuit court, appellant must see that the fee is paid or that the record is sent up within the time prescribed; and hence where the fee is not paid, nor waived by the justice, dolay in transmitting- the record is no fault of his, and, no excuse being shown by appellant, the appeal is properly dismissed.</p>