Dietmeier v. Ingber

MISER, C.

This appeal is from an order denying a motion to open a default judgment and grant leave to answer. Respondent is a physician practicing at Jasper, Minn. Appellant is a farmer, who, in December, 1925, lived in Moody county, S. D. On December 11, 1925-, default judgment in the sum of $325.60 was filed in the municipal court of the city of Sioux Ealls, Minnehaha county, S. D. Summons was served on appellant by the chief of police of Dell Rapids, Minnehaha county, on August 19, 1924. Complaint was never served on appellant. The affidavit of one of appellant’s counsel contains the…