Jensen v. Petty

Citations

• 14 S.D. 434
• 85 N.W. 923
• 1901 S.D. LEXIS 33

Syllabus

<p>1. Comp. Laws, §1497, provides that appeals from any final judgment or decision of the circuit court in election contest cases shall be taken in the manner prescribed in the Code of Civil Procedure; and section 1498 provides that appeals to the supreme court in election contest cases must be taken within sixty days after the entry of final judgment. Held, that an appeal does not lie from an order vacating a default judgment in an election contest, case.</p> <p>2. Where plaintiff appealed from an order vacating a default judgment in his favor in an election contest case, an appeal by defendant from the default judgment must be dismissed, since, the order not being appeal-able, plaintiff’s appeal did not operate as a stay of the vacating order.</p>