Himebaugh v. Crouch

Citations

• 3 S.D. 409
• 53 N.W. 862
• 1892 S.D. LEXIS 91

Syllabus

<p>1. When the record shows that an appeal has been taken more than six months previous to the opening of a term of this court, and the appellant has prepared no abstract or brief, nor taken any steps towards prosecuting the appeal, nor shown any good reason why he has not done so, the appeal will be dismissed, upon the respondent’s bringing up the record and moving for that purpose.</p> <p>2. Whenever the record of a cause clearly shows upon its face, or from facts clearly deducible from it, that the appeal, was taken for delay, and to hinder and delay the collection of the judgment, the 10 per cent damages authorized by subdivision 5, § 5187, Comp. Laws, will be assessed, when the motion to dismiss states that such damages will be insisted upon in the hearing of the motion.</p> <p>(Syllabus by the Court.</p>