Keehl v. Schaller

Citations

• 1 S.D. 290
• 46 N.W. 934
• 1890 S.D. LEXIS 33

Syllabus

<p>Where an appoiil is taken from a judgment, in justice court to tho district (now circuit) court, the notice of appeal demanding n now trial, tho case goes upon the calendar for trial as an original action, subject, so far as the trial is concerned, to the provisions of the Code of Civil Procedure; and it is error for the trial court to dismiss the appeal for failure to prosecute, except upon notice, as provided in Section G18(>, Comp. Laws. Following Myers v. Mitchell, 1 S. 1). 249.</p> <p>(Syllabus by the court.</p>