20 S.D. 39 | S.D. | 1905
This case comes before us on appeal by the defendant from $ part of the judgment.entered in the court below. The judgment was rendered on the i6th day of May, 1903, and on the Toth day of September, nearly four months after the judgment was entered, the court made its order denying the motion for a new trial. The defendant in its notice of appeal has appealed simply from the judgment, specifying the part appealed from. It is recited in the abstract as to the notice of appeal as follows: “On the 10th day of September, 1903, after the entry of .the order denying the defendant’s motion for a new trial, the defendant perfected an appeal to the Supreme Court of the State of South Dakota, by. serving upon the plaintiff and the clerk of the circuit court of Davison county a notice of appeal, specifying that he appealed from that part of the judgment and decree wherein it is by the court ordered, adjudged, and decreed that the property described in said chattel mortgage * * * shall be sold by public auction, by serving upon the plaintiff and filing in the office of the clerk of said court an undertaking in due form of law. * * * Thereafter a supersedeas bond was duly served and filed.” No appeal was taken from the order, or any part, of the order, denying the motion for a new trial.
It is contended by the respondent that the question of the s'uffi-
The principal ground relied on by the appellant for a reversal of the judgment in this case is that he, as mortgagor in the chattel mortgage, was not furnished by the mortgagee with “a full, true, perfect, and complete copy” of the chattel mortgage to be foreclosed in this action, and that therefore the chattel mortgage was void under the provisions of chapter 95, p. 250, of the Taws of 1897. The second section of that chapter provides “that every chattel mortgage shall be void, unless it appears upon the mortgage instrument over the signature of the mortgagor that a true copy of the same has been delivered to and received by the mortgagor as in section 1 of this act provided.” The court in its fourth finding of fact, found that the said chattel mortgage contained the following statement: “I hereby acknowledge that at the time of the making and delivery of this
Finding no error in the record, the judgment of the court below is affirmed.