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53 S.D. 340

Dyson v. Scanlan

South Dakota Supreme Court

Decided July 28, 1928

South Dakota Supreme Court · decided 1928-07-28

Relies on Farmers' & Merchants' State Bank of Hecla v. Michael

Decided 1928-07-28

BROWN, J.

¶1Respondent moves to dismiss the appeal in this case for the reasons that no exception was taken to- the order ap>pealed from,, that there is no settled record or certified minutes of the proceedings in the circuit court, “and that appellant has not pointed out wherein the alleged error is 'based and has not clearly pointed out wherein the alleged error is prejudicial to him.”

¶2The reasons stated furnish no ground for dismissal of the appeal. Farmers’ & Merchants’ State Bank of Hecla v. Michael, 36 S. D. 172, 153 N. W. 1008. The motion to dismiss the appeal is denied.

BURCH, P. J., and FOLLBY, SHERWOOD, and CAMPBELL, JJ.,- concur.
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