11 S.D. 60 | S.D. | 1898
Respondent moved to dismiss the appeal in this case upon the ground that, under the provisions of Chapter 55, Laws 1897, no appeal lies from the judgment ap: pealed from. The motion was granted, and the opinion on the motion is reported in 73 N. W. 72. A petition for a rehearing was filed, calling the attention of the conrt to Section 34, Article 5 of the state constitution, which was not considered by the court on the motion to dismiss. A rehearing was granted, and the question of constitutionality of the act of 1'897, 'in view of the provisions of section 34 will now be considered. The sec