Ryan v. Davenport
South Dakota Supreme Court
Appeal from circuit court, Turner county. Hon. E. G. Smith, Judge. Action by John Ryan against J. N. Davenport. A motion to set aside the service of summons was denied, and defendant appeals. The respondent moved to dismiss the appeal on the ground that an order denying a motion to set aside the service of a summons is not an appealable order.
1Opinion of the CourtPuller, J.
This appeal is from an order of the circuit court denying a motion to set aside the service of a summons as irregular and void. Prom the affidavit of appellant J. N. Davenport, upon which the motion in the circuit court was partly predicated, we obtain, in substance, the following facts, namely: *204The defendant, a resident of Minnehaha county, was in attendance upon a justice’s court in Turner county, both as a party and a witness in his own behalf in a case in which the state of South Dakota was plaintiff and the said J. N. Davenport was defendant; that within an hour and thirty minutes, from…
2Cases cited2 opinions
- Rahn v. GunnisonWisconsin Supreme Court · 1860
- Orton v. NoonanWisconsin Supreme Court · 1873
3Cited by12 opinions
- Ellingson v. Northwestern Jobbers Credit BureauNorth Dakota Supreme Court · 1929
- Burdick v. MannNorth Dakota Supreme Court · 1930
- Ostlund v. EcklundNorth Dakota Supreme Court · 1919
- Security National Bank v. BothneNorth Dakota Supreme Court · 1927
- State Tax Commission v. LarsenUtah Supreme Court · 1941
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