Olson v. Advance Rumely Thresher Co.
South Dakota Supreme Court
Appeal from Circuit Court, Charles Mix County. Hon. Robert B. Tripp, Judge. Action by Jacob Olson ag'ainst the Advance Runiely Thresher Compan)'-, a corporation.
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Appeal from Circuit Court, Charles Mix County. Hon. Robert B. Tripp, Judge. Action by Jacob Olson ag'ainst the Advance Runiely Thresher Compan)'-, a corporation. From an order refusing ,to vacate a judgment taken against defendant by default, it apnea's (i) To point one of the opinion, Appellant cited: West-brook v. Rice (N. D.), 148 N. W. 827; G. Somers & Co. v. Wilson (N. D.), 155 N. W. 30. (4) To point four, Respondent cited: 23 Cyc., page 937, Par. 2; Volmer Co. v. Grünewald, 124 Pac. 279. (3) To point three, Appellant cited: Searles v. Christensen, 5 S'. D. 650; Westbrook v. Rice (N.…
1Opinion of the CourtWhiting, J.
This is an appeal from an order refusing to vacate a judgment taken • against defendant in the absence of its attorney or other representative. That the court did not err in allowing judgment to be so taken is beyond question. But it does not necessarily follow that it did not err in refusing to vacate such judgment.
Defendant’s answer disclosed a meritorious defense. The cause had been noticed for trial at the November, 1918, term of circuit court in Charles Mix county. What preparations, if any, were made by defendant for a trial at that term does not appear. No term xvas held and the cause…
2Cases cited7 opinions
- Norton v. . McLaurinSupreme Court of North Carolina · 1899
- Pepper v. Clegg.Supreme Court of North Carolina · 1903
- Manning v. Roanoke & Tar River RailroadSupreme Court of North Carolina · 1898
- Taylor v. . PopeSupreme Court of North Carolina · 1890
- Searles v. ChristensenSouth Dakota Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ingalls v. ArbeiterSouth Dakota Supreme Court · 1949
- Smith v. WordemanSouth Dakota Supreme Court · 1932
- Olson v. Advance Rumely Thresher Co.South Dakota Supreme Court · 1920
- Sohn v. FlavinSouth Dakota Supreme Court · 1932
- Olson v. Advance-Rumely Thresher Co.South Dakota Supreme Court · 1921