McCormick Harvesting Mach. Co. v. Snedigar

Citations

• 3 S.D. 302
• 53 N.W. 83
• 1892 S.D. LEXIS 73

Syllabus

<p>1. An. appeal by and in the name of an administrator, taken after he has been fully discharged as such administrator and a new administrator has been appointed and aualifiefl, gives the appellate court no jurisdiction over the estate, or of a cause of action against the estate, and will be dismissed.</p> <p>2. The appeal cannot, on the strength of such facts, be entertained in this court, and continued under section 4881, Comp. Laws, providing that, in case of the transfer of interest, the action may be continued in the name of the original party, for, the case never having gotten into this court by such appeal, it cannot be continued here.</p> <p>(Syllabus by the Court.</p>