Perrott v. Owen
South Dakota Supreme Court
Appeal from circuit court, McCook county. Hon. Joseph W. Jones, Judge. Application for writ of certiorari. Writ denied, and plaintiff appeals. Tlie facts are stated in tlie opinion. Tbe requirements as to what a summons shall contain are mandatory and in case of default no other or greater relief can be granted than is specified in the summons. Lampy v. Hyatt. 27 Cal. 99; Parrott v. Dew, 34 Id. 79; Sweezy v. Schulte, 6 Pac. 79; Twickey y.
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Appeal from circuit court, McCook county. Hon. Joseph W. Jones, Judge. Application for writ of certiorari. Writ denied, and plaintiff appeals. Tlie facts are stated in tlie opinion. Tbe requirements as to what a summons shall contain are mandatory and in case of default no other or greater relief can be granted than is specified in the summons. Lampy v. Hyatt. 27 Cal. 99; Parrott v. Dew, 34 Id. 79; Sweezy v. Schulte, 6 Pac. 79; Twickey y. Haney, 23 N. W. 577; Berry v. Bingman, 47 N. W. 825; Smith v. Aurich, 6 Colo. 388; People v. Green, 52 Cal. 577; Porter v. Herman, 8 Cal. 625; Dyer v.…
1Opinion of the CourtFullee, J.
This is an appeal from an order of the circuit court, denominated a “judgment,” which in effect, denies an application for a writ of certiorari to review the records and proceedings of a justice of the peace in an action in which a manifestly erroneous judgment by default was rendered against plaintiff in this proceeding, upon his promissory note for $100, and wherein it was adjudged that the defendent had secured, by false pretenses, certain goods, for which said note was executed. The view which we are inclined to take of the case requires but an incidental consideration of the case upon…
2Cases cited8 opinions
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- Rickey v. Superior CourtCalifornia Supreme Court · 1881
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- Stevens v. RossCalifornia Supreme Court · 1850
- Burnham v. TurnerWisconsin Supreme Court · 1861
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