McVay v. Bridgman

Citations

• 17 S.D. 424
• 97 N.W. 20
• 1903 S.D. LEXIS 70

Syllabus

<p>1. Where an appeal from an order denying a new trial is taken with an appeal from a judgment rendered before the order was made, the two constitute but one appeal, and the appeal from the order is not subject to dismissal under Rev. Code Civ. Proc. § 442, providing that “the appeal to the Supreme Court must be taken within sixty days after written notice of the order shall have been given to the party appealing; every other appeal must be taken within two years after the judgment shall be perfected, by filihg the judgment roll.”</p> <p>2. The court will generally refuse to dismiss an appeal because the appellant’s brief does not comply with the requirements of the Supreme Court rule requiring it to refer to the portions of the abstract on which he relies to sustain the points made by him in his brief, but will permit the brief to be amended on payment of a reasonable attorney’s fee to the opposing party.</p> <p>3. An appeal will not be dismissed because the abstract and brief are not printed in the manner prescribed by Sup. Ct. Rule No. 18, as the rule itself fixes the penalty for failure to comply therewith as a denial of costs for printed matter not in the required form.</p>