State ex rel. Gunderson v. King

Citations

• 6 S.D. 297
• 60 N.W. 75
• 1894 S.D. LEXIS 111

Syllabus

<p>1. An appeal to this court, duly perfected, transfers to this court the subject-matter of the appeal, as to the party appealing; and a subsequent appeal by the same party, while such former appeal is pending, is nugatory.</p> <p>2. Where codefendants answer separately, basing their defense upon independant grounds, and judgment goes against all, an appeal by one defendant who answered, separately does not affect the right of other defendants to subsequently appeal from the judgment as to them.</p> <p>3. An answer properly denying the allegations of the complaint cannot be frivolous.</p> <p>(Syllabus by the Court.</p>