Smith v. Coffin

Citations

• 9 S.D. 502
• 70 N.W. 636
• 1897 S.D. LEXIS 89

Syllabus

<p>1. An appeal lies from an order of the circuit court refusing to dismiss an appeal from a justice on the ground that no undertaking was filed on appeal.</p> <p>2. Comp. Laws, Sec; 6133, provides that no appeal from a justice shall be effectual unless an undertaking be filed in the sum of $100 for payment of the costs of appeal; or, if a stay be claimed, in a sum twice the amount of the judgment, “including costs, when the judgment is for the payment of money”; and that “a deposit of the amount of the judgment, including all costs,” is equivalent to the filing of the undertaking. Held, that the undertaking for costs in the sum of $100 must in all cases be given.</p> <p>8. Where no sufficient undertaking has been filed in time on appeal from a justice, as required by Comp. Laws, See. 6133, the circuit court has no jurisdiction, and cannot permit appellant to file a new undertaking.</p>