Martin v. Smith

Citations

• 11 S.D. 437
• 78 N.W. 1001
• 1899 S.D. LEXIS 37

Syllabus

<p>1. Appeal does not lie from an order or judgment till it is actually entered; and there is no authority for directing entry thereof nmic pro tunc, after the appeal is taken, to render the appeal effectual, under Comp. Laws, § 5235. , , ,,</p> <p>2. Under Comp. Laws, § 5216, providing that appeal must be taken “within two years after the judgment shall be perfected, by filing the judgment roll,” appeal cannot be taken from judgment before such filing.</p>