Watertown National Bank v. Holabird School Township

Citations

• 2 S.D. 224
• 49 N.W. 98
• 1891 S.D. LEXIS 21

Syllabus

<p>When an appeal in this court has been dismissed upon a stipulation signed by attorneys ior respondent, and by the official board of appellant, and one of the record attorneys for appellant, such order of dismissal will not be vacated, and the appeal reinstated, upon motion of the other attorneys of appellant, upon affidavits tending to show that between appellants and its attorneys there was a special contract, by which such attorneys should defend, and that tlioir compensation should depend upon the success of the defense, and that such dismissal of the appeal was without their consent; for discontinuance of the appeal by the appellant, against the consent of such attorneys, could not defeat their rights under the contract, nor materially change the manner of their enforcement, and therefore does not prejudice such attorneys.</p> <p>(Syllabus by the court.</p>