Sioux Falls Nat. Bank v. McKee

Citations

• 3 S.D. 1
• 50 N.W. 1057
• 1892 S.D. LEXIS 29

Syllabus

<p>1. The writ oí certiorari is not available where the record thus sought to be reviewed may be brought up by appeal. Under section 5507, Comp. Laws, it may only issue where there is no appeal or other adequate remedy.</p> <p>2. While the judgment of a court having no jurisdiction of the subject-matter is void, a defendant against whom such judgment is entered may appeal the same for the purpose of getting rid of it.</p> <p>(Syllabus by the Court.</p>