Larson v. M. Rumely Co.
South Dakota Supreme Court
Appeal from Circuit 'Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by S. B. Larson against the M. Rumely' Co. From an order opening a default judgment'for plaintiff, he appeals. Appellant cited: i Black, Judgments, Sec. 347; Judd v. Patton, (S. D.) 84 N. W. 199; Peoples’ Ice Co. v. Schlenker, (Minn.) 52 N. W. 219; Burnham v. Smith, 11 Wis. 269; 23 Cyc. 956, 957, and cases cited. Respondent cited; Rule X., Supreme Court.
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Appeal from Circuit 'Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by S. B. Larson against the M. Rumely' Co. From an order opening a default judgment'for plaintiff, he appeals. Appellant cited: i Black, Judgments, Sec. 347; Judd v. Patton, (S. D.) 84 N. W. 199; Peoples’ Ice Co. v. Schlenker, (Minn.) 52 N. W. 219; Burnham v. Smith, 11 Wis. 269; 23 Cyc. 956, 957, and cases cited. Respondent cited; Rule X., Supreme Court. And submitted that: Literal compliance with rule X. is- not necessary, nor always possible.
1Opinion of the CourtMcCOY, P. J.
On the 10th of October, 1913, default judgment was entered in favor of plaintiff and against defendant in the circuit court of Minnehaha county. Thereafter, on November 18, 1913, defendant appeared in said action and moved to vacate said- default judgment, upon affidavits, and- for leave to make answer, and with said motion papers served a proposed answer, consisting of a general denial. Plaintiff appeared on the return day of said motion and resisted the vacation of such default and leave to defendant to answer, on the ground that defendant’s-showing wa-s not sufficient, in that no…
2Cases cited1 opinion
- Des Moines Mutual Hail & Cyclone Insurance v. CluteSouth Dakota Supreme Court · 1915
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