Legal Opinion · Concurrence

Wagner v. Truesdell

South Dakota Supreme Court

Decided January 28, 1998No. NonePublished

1ConcurrenceGilbertson, Justice

■ [¶ 16.]Given the parties’ agreement as to Truesdell’s incompetence, I agree with the majority that holding the constable should have served Truesdell directly would simply lead to absurdity in this case. What would have been the practical effect of such service? As the majority mentions, the constable would have handed the papers to Truesdell and then Richmond would have immediately taken them away from Trues-dell to give to Mrs. Truesdell or the Trues-dells’ attorney. That is exactly what happened. Nevertheless, I disagree with the majority view that valid service of process was…

2Cases cited16 opinions

  1. Hauser v. SchiffDistrict Court of Appeal of Florida · 1977
  2. Devitt v. HayesSouth Dakota Supreme Court · 1996
  3. In Re the Alleged Mental Illness of GillespiSouth Dakota Supreme Court · 1986
  4. Nolan v. NolanSouth Dakota Supreme Court · 1992
  5. Ayers, Weatherwax & Reid Co. v. SundbackSouth Dakota Supreme Court · 1894

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