G. S. Congdon Hardware Co. v. Consolidated Apex Mining Co.
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. William Gardner, Judge. - Action by the G. S. Congdon Hardware Company, a corporation, against the Consolidated Apex Mining Company, a corporation. Prom an order denying defendant’s motion to set aside a default judgment, it appeals. The facts are stated in the opinion. The concealment of the service by the director, Farrar, from the managing officers of defendant corporation was sufficient cause for opening the judgment.
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Appeal from circuit court, Pennington county. Hon. William Gardner, Judge. - Action by the G. S. Congdon Hardware Company, a corporation, against the Consolidated Apex Mining Company, a corporation. Prom an order denying defendant’s motion to set aside a default judgment, it appeals. The facts are stated in the opinion. The concealment of the service by the director, Farrar, from the managing officers of defendant corporation was sufficient cause for opening the judgment. Willsey v. .Horse Ranch Co., 7 S. D. 114; Stum v. School, 47 N. W. 462. The defendant should have been allowed to file its…
1Opinion of the CourtCorson, P. J.
This is an appeal from an order denying the motion of defendant to set aside the judgment entered by default in this case, and for leave to file an answer therein. The motion was made upon a proposed verified answer, affidavit of merits, and an affidavit showing that the managing officers of the defendant and its regularly retained attorneys had no notice of the pendency of the aetion until a judgment by default had been taken against it. It further appears by affidavit that the summons and complaint in the action were served upon one John J. Farrar, a director of the defendant corporation,…
2Cases cited1 opinion
- Griswold Linseed Oil Co. v. LeeSouth Dakota Supreme Court · 1891
3Cited by8 opinions
- Masten v. Indiana Car & Foundry Co.Indiana Court of Appeals · 1900
- Hanna v. Brictson Mfg. Co.Court of Appeals for the Eighth Circuit · 1932
- McLaughlin v. NettletonSupreme Court of Oklahoma · 1909
- Vechery v. McCabeSuperior Court of Delaware · 1953
- Croonquist v. WalkerNorth Dakota Supreme Court · 1923
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