Garrigan v. Kennedy

Citations

• 17 S.D. 258
• 96 N.W. 89
• 1903 S.D. LEXIS 37

Syllabus

<p>Where in an action against three defendants, one of them did not answer or appear, and no verdict or judgment was taken against him, and a notice of appeal from the judgment against the other two defendants was signed by the attorneys for such defendants, naming them, plaintiff was thereby notified that the appeal was taken only by such defendants, though the name of the other was retained in the title of the cause, and hence the appeal would not be dismissed on the ground that the notice appeared to have been taken by all of the defendants, and that the undertaking[recited that the judgment was entered against all.</p>