Shickle-Harrison & Howard Iron Co. v. City of Rapid City

Citations

• 8 S.D. 335
• 66 N.W. 499
• 1896 S.D. LEXIS 35

Syllabus

<p>1. Under rule 23 of this court, a motion to dismiss an appeal can only be made on the motion day of the court from which the appeal comes, when the grounds of the motion are that the original papers were not transmitted to this court before the commencement of the term, or that the abstract and brief were not served within the time prescribed by the rules of this court.</p> <p>2. But the court, by that rule, has reserved to itself the right in special cases to grant an order to show cause, when, in the opinion of the court, the facts stated will authorize such an order; and in such case the same may be heard at a day in the term other than that specified in the rule,</p> <p>(Syllabus by the Court.</p>