Rudolph v. Herman

Citations

• 4 S.D. 430
• 57 N.W. 65
• 1893 S.D. LEXIS 85

Syllabus

<p>1. Where a court has entered a judgment dismissing an appeal from justice court for want of a proper undertaking, it is not error to refuse an application to amend such undertaking or substitute abetter one, so long as such judgment of dismissal remains in force.</p> <p>2. In such case, where the only question presented to the court was as to the allowance of such amended or substituted undertaking, it was not error to refuse to allow the same; althoug'h the motion contained a prayer for general relief, under which the court might have vacated the judgment of dismissal, if it had been asked to do so.</p> <p>3. Until the vacation of the judgment was asked for, the court was not required to vacate it, and until vacated it was res judicata, and a bar to the application to amend the undertaking.</p> <p>(Syllabus by the court.</p>