Eggleston v. Wattawa
Supreme Court of Iowa
Appeal from Winneshiek District Court. — Hon. L. E. Eel-lows, Judge. Action on a judgment recovered by default in the circuit court of South Dakota in and for Brule county. Defendant demurred on the ground that the summons in the action on which the judgment was recovered was not sufficient to give the court jurisdiction.
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Appeal from Winneshiek District Court. — Hon. L. E. Eel-lows, Judge. Action on a judgment recovered by default in the circuit court of South Dakota in and for Brule county. Defendant demurred on the ground that the summons in the action on which the judgment was recovered was not sufficient to give the court jurisdiction. The trial court sustained this demurrer, and, on plaintiff’s election to stand on his petition, rendered judgment for defendant, from which plaintiff appeals. —
1Opinion of the Court
McClain, J. —
Although the action on which the judgment was rendered in South Dakota was entitled in the circuit court, the summons required defendant “to answer the complaint of N. W. Eggleston, plaintiff, which will be filed in the office of the clerk of the district court within and for said Brule county, at Chamberlain, Brule Co., S. D., and to serve a copy of your answer to the said complaint on the subscriber at the office in the city of Chamberlain, S. D., in said county and state, within thirty days after the service of this summons, exclusive of the day of service, or the plaintiff…
2Cases cited1 opinion
- Lyon v. VanattaSupreme Court of Iowa · 1872
3Cited by7 opinions
- Francis v. KnerrSupreme Court of Minnesota · 1921
- Sievert v. SelvigSupreme Court of Minnesota · 1928
- Land v. ChristensonNebraska Supreme Court · 1922
- Swetnam v. DalbyUtah Supreme Court · 1938
- First Nat. Bank v. RuskOregon Supreme Court · 1912
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