Farrar v. Consolidated Apex Mining Co.
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. William Gardner, Judge. Action by John J. Farrar against the Consolidated Apex Mining Company From an order refusing to set aside a default judgment, defendant appeals. The concealment of the service by the director Swander from the managing officers of defendant corporation was sufficient cause to authorize the court to open the judgment and let the corporation in 'to defend.
Read the full summary
Appeal from circuit court, Pennington county. Hon. William Gardner, Judge. Action by John J. Farrar against the Consolidated Apex Mining Company From an order refusing to set aside a default judgment, defendant appeals. The concealment of the service by the director Swander from the managing officers of defendant corporation was sufficient cause to authorize the court to open the judgment and let the corporation in 'to defend. Wilsey v. Horse Ranch Co. 7 S. D. 114; Sturm v. School District 47 N. W. 462. The defendant should have been allowed to file its answer and defend the cause on the…
1Opinion of the CourtCorson, P. J.
This is an appeal from an order denying the motion of the defendant to vacate and set aside the judgment, and for leave to file and serve an answer in this action. The judgment was taken by default, the service of summons and complaint having been made upon one Swander, a director of the company, who failed and neglected to notify the manag*239ing officers of the company, or its regularly retained attorneys, that such service had been made upon him. The motion was made upon an affidavit showing these facts, and alleging collusion between the plaintiff and the director Swmnder, and upon a proposed…
2Cases cited1 opinion
- Bennett v. Consolidated Apex Mining Co.South Dakota Supreme Court · 1899
3Cited by4 opinions
- Hanna v. Brictson Mfg. Co.Court of Appeals for the Eighth Circuit · 1932
- Meade County Bank of Sturgis v. DeckerSouth Dakota Supreme Court · 1905
- Judd v. PattonSouth Dakota Supreme Court · 1900
- Bazal v. St. Stanislaus ChurchNorth Dakota Supreme Court · 1911