Wimsey v. McAdams

Citations

• 12 S.D. 509
• 81 N.W. 884
• 1900 S.D. LEXIS 52

Syllabus

<p>1. Under Comp. Laws, §§6129, 6131, providing for appeals from judgments rendered in a justice’s court, defendant was entitled to a new trial in the circuit court on an appeal from a judgment by default in a justice’s court, as though there had been no default.</p> <p>2. Where the circuit court has no jurisdiction of an appeal from a justice, an affirmance of the judgment below is error.</p>