South Dakota Supreme Court March 2, 1900 (Mettel v. Gales)

Fuller, P. J.

Before proceeding to the merits of this case, we will dispose of a motion to dismiss the appeal for the following reasons: “(1) That a copy of the undertaking on appeal was never served on the respondents, or their attorneys *634or either of them; (2) that the order denying a new trial herein was not entered, and made a permanent record of the court below, until after this appeal