Davis v. Kressly

In this action, wherein service of process upon defendant was by publication, he appeals from a default judgment, and from an order overruling his motion for an order vacating such judgment and for leave to answer.

The record as a whole reveals some background facts which should be briefly outlined. Defendant is the owner of a Perkins county ranch where he made his home prior to November 1951. He then entered into a contract with plaintiffs whereby he leased a Lemmon, Perkins county, South Dakota, business building for a monthly rental of $250. Thereafter he maintained his home in an apartment…