Des Moines Mutual Hail & Cyclone Insurance v. Clute
South Dakota Supreme Court
Appeal from Circuit Court, Charles Mix County. Hon. . Robert B. Tripp, Judge. Action by the Des Moines Mutual Hail & Cyclone Insurance Association against W. W. Clu-te, J. D. Rynch intervening. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals. (2) Under point two of the opinion, Appellant cited: Code Civ.
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Appeal from Circuit Court, Charles Mix County. Hon. . Robert B. Tripp, Judge. Action by the Des Moines Mutual Hail & Cyclone Insurance Association against W. W. Clu-te, J. D. Rynch intervening. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals. (2) Under point two of the opinion, Appellant cited: Code Civ. Prcc., Sec. 151; Circuit Court Rules, 10, 11; Searles v. Lawrence, 8 S. D. xx; J-udd! v. Patton, 13 S. D. 648-55. Respondent submitted no brief.
1Opinion of the CourtGates, J.
In January, 1911, the plaintiff began this action by the service of 'summons, upon the defendant Clute to recover the amount of certain premiums upon a policy of hail insurance. The defendant appeared and demanded a copy of the complaint, which was served uopn him on February 28, 1911. In August, 1911, defendant’s attorney prepared an answer and counterclaim and sent the same to plaintiff’s attorney, which was returned on August 22, 19i.i; 'because served too late. Nothing further.was ■done by defendant until June 24, 1912, when his attorney prepared an affidavit and motion to vacate the…
2Cases cited1 opinion
- Pettigrew v. City of Sioux FallsSouth Dakota Supreme Court · 1894
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- Larson v. M. Rumely Co.South Dakota Supreme Court · 1915
- W. T. Rawleigh Co. v. KeelySouth Dakota Supreme Court · 1928
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