Evans v. Fall River County
South Dakota Supreme Court
Appeal from circuit county, Fall River county. Hon. William Gardner, Judge. Action by Fred T. Evans against the county of Fall River to recover on a county warrant. There being no answer, judgment was entered by default. From an order denying a motion to set aside the judgment, and for leave to answer, defendant appeals. Judgment by default where defendant has not been properly served or notified, should be set aside on motion and defendant allowed to answer. Comp.
Read the full summary
Appeal from circuit county, Fall River county. Hon. William Gardner, Judge. Action by Fred T. Evans against the county of Fall River to recover on a county warrant. There being no answer, judgment was entered by default. From an order denying a motion to set aside the judgment, and for leave to answer, defendant appeals. Judgment by default where defendant has not been properly served or notified, should be set aside on motion and defendant allowed to answer. Comp. Laws, §§ 428, 4870, 4939; Clark v. Lyon, 37 la. 466; G-riswold v. Lee, 1 S. D. 531. In an action against a county the summons…
1Opinion of the Court
Corson, J'.
This is an appeal from an order denying a motion to set aside and vacate a judgment, and that the defendant have leave to serve an answer. On or about November 20, 1891, the plaintiff commenced an action against the county of Fall River to recover the sum of 15,000, interest and costs, upon a county warrant bearing date November 16, 1891, allowed and issued by the board of county commissioners of said county, and drawn upon the county treasurer, payable out of the court house and jail fund, not otherwise appropriated. It is alleged in the complaint, in substance, that on August 13,…
2Cases cited12 opinions
- Watson v. Francisco & Humboldt Bay RailroadCalifornia Supreme Court · 1871
- Griswold Linseed Oil Co. v. LeeSouth Dakota Supreme Court · 1891
- Coleman v. RankinCalifornia Supreme Court · 1869
- Seymour v. Board of SupervisorsWisconsin Supreme Court · 1876
- Barker v. KeithSupreme Court of Minnesota · 1865
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Corson v. SmithSouth Dakota Supreme Court · 1908
- Kjetland v. PedersonSouth Dakota Supreme Court · 1905
- McAndrews v. Security State BankSouth Dakota Supreme Court · 1910
- Minnehaha National Bank v. HurleySouth Dakota Supreme Court · 1900
- G. S. Congdon Hardware Co. v. Consolidated Apex Mining Co.South Dakota Supreme Court · 1899
3 more not listed; retrieve them via the Exa API.