Reedy v. Howard
South Dakota Supreme Court
Appeal from circuit court, Yankton county. Hon. E. G-. Smith, Judge. Action by Thos E. Reedy against A. W. Howard. From an order sustaining a motion to quash service of summons and dismiss the action, plaintiff appeals.
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Appeal from circuit court, Yankton county. Hon. E. G-. Smith, Judge. Action by Thos E. Reedy against A. W. Howard. From an order sustaining a motion to quash service of summons and dismiss the action, plaintiff appeals. The defendant in making his motion entered a general appearance, first, because he asked that the action be dismissed; second, because he did not claim that his appearance was limited to the purposes of the motion in the notice of motion itself and because the notice of motion was signed by his attorney without any limitation. §4993 Comp. Laws; Chap. 67 Laws of 1895; Lowe v.…
1Opinion of the CourtCorson, P. J.
The delendant moved the court below to quash the service of the summons and dismiss the action, because it appears that said summons was served át a time when the defendant w.as privileged therefrom. This motion was signed by the attorney, who added, “Attorney for Defendant.” The motion was granted, and the court made the following order: “Ordered, that said motion be, and the same is hereby, sustained, and the service of said summons herein is quashed and set aside, and said action is hereby dismissed, at plaintiff’s cost of this motion, viz. filing and entering the same, to be taxed by the…
2Cases cited7 opinions
- Kingsley v. Great Northern Railway Co.Wisconsin Supreme Court · 1895
- Houlton v. GallowSupreme Court of Minnesota · 1893
- Law v. NelsonSupreme Court of Colorado · 1890
- Mars v. Oro Fino Min. Co.South Dakota Supreme Court · 1895
- Benedict v. JohnsonSouth Dakota Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Rogers v. Penobscot Mining Co.South Dakota Supreme Court · 1911
- Robinson v. GloverSouth Dakota Supreme Court · 1932
- Union Bond & Mortgage Co. v. BrownSouth Dakota Supreme Court · 1936
- Chicago, M. & St. P. Ry. Co. v. McClellandSouth Dakota Supreme Court · 1917
- Houser v. NoltingSouth Dakota Supreme Court · 1899