Kehoe v. Hanson

Citations

• 6 S.D. 322
• 60 N.W. 31
• 1894 S.D. LEXIS 107

Syllabus

<p>1. The fact that no bill of exceptions or statement was settled by the trial judge is no ground for dismissing an appeal, where some of the errors assigned are predicated on the judgment roll proper.</p> <p>2. Where appellant’s abstract states that notice of appeal was properly served, and respondent’s abstract denies it, this court will go to the original records to settle the dispute.</p> <p>3. In case of dispute between the abstracts of appellant and respondent as to whether a bill of exceptions or statement was settled in the court below, the original papers sent up by the clerk of the lower court will • be examined.</p> <p>(Syllabus by the court.</p>