Straub v. Lyman Land & Investment Co.
South Dakota Supreme Court
Appeal from Circuit Court, Lyman County. Hon. William WILLIAMSON, Judge. Action -by F. A. Straub against the Lyman Land & Investment Company. From an order denying a motion to vacate a judgment against defendant, rendered upon service of process under Section no, Code Civil Proc., before the enactment of the amendatory act of Laws 1911, Chap. 226, it appeals.
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Appeal from Circuit Court, Lyman County. Hon. William WILLIAMSON, Judge. Action -by F. A. Straub against the Lyman Land & Investment Company. From an order denying a motion to vacate a judgment against defendant, rendered upon service of process under Section no, Code Civil Proc., before the enactment of the amendatory act of Laws 1911, Chap. 226, it appeals. Jurisdiction of the court to render a personal judgment against the defendant was dependent upon a personal service of the summons or a voluntary appearance in the action by the defendant. Such service or appearance, alone constitutes…
1Opinion of the CourtSmith-, J.
Appeal from an order of 'the circuit court of Lyman county denying defendant’s motion to vacate a-judgment against appellant. The complaint in the allegation alleges the breach of an agreement by- defendant to sell and convey to plaintiff certain farm lands situated in Lyman coünty,- and demands damages in the sum of $300, with interest. The defendant is a domestic corporation organized and existing under the laws of this state. The summons 'and complaint were served by one Phillips,- a deputy sheriff of Lyon county, Iowa,- b}r delivering to and leaving the same with one Charles Shade; the…
2Cases cited10 opinions
- Ex Parte SchollenbergerSupreme Court of the United States · 1878
- Happy v. . MosherNew York Court of Appeals · 1872
- Matter of Union E.R.R. Co. of BrooklynNew York Court of Appeals · 1889
- McNichol v. United States Mercantile Reporting AgencySupreme Court of Missouri · 1881
- Gilchrist v. SchmidlingSupreme Court of Kansas · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hot Springs Independent School District No. 10 v. Fall River Landowners Ass'nSouth Dakota Supreme Court · 1978
- Blumenthal v. United StatesCourt of Appeals for the Eighth Circuit · 1937
- City of Rapid City v. RenschSouth Dakota Supreme Court · 1958
- Fowler v. ChillingworthSupreme Court of Florida · 1927
- Bennett v. Chicago Lumber & Coal Co.Supreme Court of Iowa · 1924
1 more not listed; retrieve them via the Exa API.