McCormick Harvesting Machine Co. v. Halvorson

Citations

• 11 S.D. 427
• 78 N.W. 1000
• 1899 S.D. LEXIS 36

Syllabus

<p>1. A justice of the peace, after entering a final judgment in his docket, on which the defeated party has taken steps for an appeal, cannot, on his own motion, change the entry to show that the action was dismissed on motion of plaintiff, rather than of defendant, as recited in the entry.</p> <p>2. Dismissal of action, on ex parte application of defendant, seven days after change of venue was had therein, at his instance, from the justice of the peace before whom it was brought to another, — there being no agreement of the parties as to time of trial, or notice by the justice stating time and place of trial, as required by Comp. Laws, § 6047, — is error.</p>