Rudolph v. Herman

Citations

• 2 S.D. 399
• 50 N.W. 833
• 1891 S.D. LEXIS 44

Syllabus

<p>1. To make an appeal from a justice of the peace effectual, there must be a notice of appeal, a service of it on the adverse party, and the filing of it and of an undertaking for costs, with the justice, and all of these acts must be done within the time prescribed by the statute for taking the appeal. Kellam, P. J., dissenting.</p> <p>2. An undertaking for staying proceedings under judgments in actions of forcible entry and detainer, and allowing defendant to retain possession of the property during the pendency of the appeal, is not such an undertaking as is required of appellant as security for the payment of costs on appeal.</p> <p>(Syllabus by the court.</p>