Kerr v. Murphy
South Dakota Supreme Court
Appeal from circuit court, Beadle county-; Hon. Charles S. Whiting, Judge. Action by GeorgeKerr, as sheriff of Beadle county, against John Murphy and others. Judgment fo.r plaintiff. ¡Defendants appeal. Where there is some notice, although defective, the ¡judgment is not void; if there is personal notice, although irregular and defective, there is jurisdiction and the judgment is not void.
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Appeal from circuit court, Beadle county-; Hon. Charles S. Whiting, Judge. Action by GeorgeKerr, as sheriff of Beadle county, against John Murphy and others. Judgment fo.r plaintiff. ¡Defendants appeal. Where there is some notice, although defective, the ¡judgment is not void; if there is personal notice, although irregular and defective, there is jurisdiction and the judgment is not void. Brown v. Gobble, 97 Ind. 86; City v. Beach, 96 Ind. 143; McCormick v. Meisler, 89 Ind. 107; Oppenheim v. Pitts-burg, etc., Co., 85 Ind. 471; Stout v. Woods, 79 Ind. 108; Mc-Alpinev. Sweetser, 76 Ind. 78;■…
1Opinion of the CourtCorson, P. J.
This is an action in equity brought by George Kerr, as sheriff of Beadle county, against John Murphy, R. B. Brockway, justice of the peace, and A. B. Kenyon, coroner of Beadle county, to restrain the defendants from’ enforcing three certain judgments alleged to have been entered in ■the police justice court of Huron by the defendant R. B. Brock-way, police justice, in actions wherein John Murphy was plain*186tiff and George Kerr was defendant. Findings and judgment were in favor of the plaintiff, and defendants have appealed.-
The court’s findings are, in substance, as follows:’ That said Brockway…
2Cases cited9 opinions
- Grand Chute v. WinegarSupreme Court of the United States · 1873
- Jackson v. State ex rel. DyarIndiana Supreme Court · 1885
- Ballinger v. TarbellSupreme Court of Iowa · 1864
- Leonard v. SparksSupreme Court of Missouri · 1893
- McNeill v. HallmarkTexas Supreme Court · 1866
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3Cited by6 opinions
- Blackman v. MulhallSouth Dakota Supreme Court · 1905
- Hays v. AlwaySouth Dakota Supreme Court · 1917
- Fanton v. ByrumSouth Dakota Supreme Court · 1910
- Schofield v. PowellDistrict Court, D. Alaska · 1915
- Clifford v. Hyde CountySouth Dakota Supreme Court · 1909
1 more not listed; retrieve them via the Exa API.