Paulus v. State of South Dakota

Nuessle, J".

The plaintiff brought this action for damages against the “State of South Dakota, a foreign corporation, and Coal Mining Commission, a department of the State of South Dakota.” He has appealed from an order setting aside the service of summons and dismissing the action. The order so appealed from was entered on the following record: A complaint in which plaintiff alleged that the state of South Dakota was a foreign corporation engaged in the business of owning, operating and maintaining a coal mine in the state of North Dakota; that the Coal Mining Commission was a department of…