Valley City Land & Irrigation Co. v. Schone

Citations

• 2 S.D. 344
• 50 N.W. 356
• 1891 S.D. LEXIS 36

Syllabus

<p>1. The statute (Section 5215, Comp. Laws) prescribes the way by which a case may be transferred for review from the trial court to this court, and the jurisdiction of this court depends upon compliance with its provisions.</p> <p>2. It is just as essential that the notice of appeal be served upon the clerk as upon the adverse party, and filing such notice in the clerk’s office does not constitute such service upon the clerk.</p> <p>3. The appellate jurisdiction of this court will not be presumed, but must affirmatively appear from the record.</p> <p>4. The printed abstract prepared and served by appellants, and consented to by respondent, is the record upon which a case is heard in this court, and such abstract must affirmatively show the jurisdiction of this court, or the appeal will be dismissed.</p> <p>(Syllabus by the Court.</p>