Holden v. Haserodt

Citations

• 2 S.D. 220
• 49 N.W. 97
• 1891 S.D. LEXIS 20

Syllabus

<p>1. Where the appellate court has jurisdiction oí the subject-matter, a voluntary appearance by the respondent, and taking steps in the cause in the appellate court, is a waiver oí a mere irregularity in the service of the notice of appeal.</p> <p>2. An order made by a judge within the limits of his own circuit, in an action in another circuit, on account oí the absence of the judge of the latter circuit, is an order-oí the judge, and not of the court, and is not appealable.</p> <p>(Syllabus by the Court.</p>