Mouser v. Palmer

Citations

• 2 S.D. 466
• 50 N.W. 967
• 1892 S.D. LEXIS 9

Syllabus

<p>1. A decision of the circuit court dismissing an appeal from a justice court because the judgment was not appealable, and awarding costs against appellant, is, so far as that case is concerned, a final determination of the rights of the parties, and an appeal therefrom to the supreme court may be taken after the expiration of the 60 days within which appeals from orders are to be taken.</p> <p>2. In appeals from justice court judgments the appellate court must learn the status of the case from the transcript and papers transmitted by the justice. If such transcript is imperfect or insufficient, a further return may be required by the appellate court, but affidavits of parties cannot be used to supply what should but does not apnear in the justice’s transcript.</p> <p>3. If the justice has failed to make the enfries in his docket which by law he is required to make, it seems the appellate court may, in a proper application, direct the docket to be amended, but the certified copy of the docket cannot be attacked collaterally, and its correctness determined upon ex parte affidavits.</p> <p>4. The justice’s transcript in this case examined, and held not to show a judgment by default, and that to dismiss the appeal on that ground was error.</p> <p>(Syllabus by the Court.</p>