City of Pierre v. Lampert

South Dakota Supreme Court

City of Pierre v. Lampert

15 N.W.2d 360, 70 S.D. 114, 1944 S.D. LEXIS 1

CourtSouth Dakota Supreme Court

DecidedJuly 19, 1944

DocketFile No. 8617.

StatusPublished

Cited by4 cases

This text of 15 N.W.2d 360 (City of Pierre v. Lampert) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Pierre v. Lampert, 15 N.W.2d 360, 70 S.D. 114, 1944 S.D. LEXIS 1 (S.D. 1944).

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Opinion

The defendant has attempted to appeal from conviction in a criminal case.

Under SDC 34.3709 a judgment does not become complete and effective until "reduced to writing, signed by the Court, attested by the clerk and filed in his office." The record fails to disclose that a judgment of conviction has ever been signed, attested or filed, and it follows that the appeal must be dismissed. Nordin v. Berner et al., 15 S.D. 611, 91 N.W. 308. An order will be entered accordingly.

No costs to be taxed. *Page 115

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The defendant has attempted to appeal from conviction in a criminal case.

Under SDC 34.3709 a judgment does not become complete and effective until "reduced to writing, signed by the Court, attested by the clerk and filed in his office." The record fails to disclose that a judgment of conviction has ever been signed, attested or filed, and it follows that the appeal must be dismissed. Nordin v. Berner et al., 15 S.D. 611, 91 N.W. 308. An order will be entered accordingly.

No costs to be taxed. *Page 115

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Bluebook (online)

15 N.W.2d 360, 70 S.D. 114, 1944 S.D. LEXIS 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-pierre-v-lampert-sd-1944.

Opinion

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