Eby v. Misar

DOBBERPUHL, Circuit Judge.

On or about August 6, 1979, Emil J. Misar (appellant) and Thomas Eby (appel-lee) were involved in an automobile accident just south of Huron, South Dakota. Appellee subsequently filed suit on October 12, 1979, in small claims court for Beadle County, South Dakota, claiming damages totaling $551.55 from the collision. On November 9, 1979, appellant served his an swer and counterclaim upon appellee and transferred the case to circuit court. Two days later, appellee took the pleadings and papers to the office of one Mel Schmidt, the Huron agent for American Family…