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Searle v. City of Lead

Searle v. City of Lead, 73 N.W. 913 (S.D. 1898)
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Court
South Dakota Supreme Court · State Highest Courts
Decided
January 11, 1898
Judges
Haney
Citations
73 N.W. 91310 S.D. 4051898 S.D. LEXIS 9
Disposition
Modified.
Syllabus
Under Comp. Laws, § 5187, providing- for a certain amount as costs on appeal before argument, and a certain amount for argument, a party making no argument, either oral or written, on appeal, is not entitled to costs for argument.
Summary
Action by Julia K. Searle against the city of Lead. Judgment having been affirmed on a former appeal, defendant appeals from the clerk’s taxation of costs.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Haney

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Haney, J.

The judgment of the circuit court in this action having been affirmed (10 S. D. 312, 73 N. W, 101), defendant and appellant now appeals from the clerk’s taxation of costs. The plaintiff and respondent made no argument, either oral or printed. She should have been allowed five' dollars “before argument,” but nothing “for argument.” Comp. Laws, § 5187. The clerk is directed to deduct the sum allowed for argument, and, as thus modified, the taxation is affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1902: 11903: 11905: 119022026peak 1902 · 1

Relies on it most ⓘ

  1. Donovan v. Allert91 N.W. 441 (N.D. 1902)
  2. Griswold v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.97 N.W. 538 (N.D. 1903)
  3. Nichols v. Smith102 N.W. 606 (S.D. 1905)

Most recent

  1. Nichols v. Smith102 N.W. 606 (S.D. 1905)
  2. Griswold v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.97 N.W. 538 (N.D. 1903)
  3. Donovan v. Allert91 N.W. 441 (N.D. 1902)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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