Carroll v. Fowler
South Dakota Supreme Court
Appeal from Circuit Court, Buffalo County. Hon. Pkanic B. Smith, Judge. Action by James D. Carroll ag'ainst W. A. Fowler -and others, to quiet title. From a judgment against defendant Fowler, he appeals. The affidavit upon which the order for the publication of the summons was based, was insufficient to authorize such order in that it did not show that the .plaintiff had used due diligence to find the appellant within the State of South Dakota.
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Appeal from Circuit Court, Buffalo County. Hon. Pkanic B. Smith, Judge. Action by James D. Carroll ag'ainst W. A. Fowler -and others, to quiet title. From a judgment against defendant Fowler, he appeals. The affidavit upon which the order for the publication of the summons was based, was insufficient to authorize such order in that it did not show that the .plaintiff had used due diligence to find the appellant within the State of South Dakota. Said Affidavit was insufficient for the further reason that it did not show appellant’s place of residence, nor that it could not with reasonable…
1Opinion of the CourtGates, J.
This action was begun by plaintiff h> determine adverse claims to certain real estate. There are numerous defendants. Plaintiff attempted to cause service of the summons to be made upon appellant by publication and mailing, and in no other manner. An affidavit for the publication of the summons was presented to the tidal court. Thereupon on February 10, 1912, said court made an' order for the publication of the summons. The summons was published in a newspaper in the county, the last publication being on March 26, 1912. On February 14, 1912, a copy of the summons and complaint was deposited…
2Cases cited21 opinions
- Etheridge v. . WoodleySupreme Court of North Carolina · 1880
- Beach v. BeachSupreme Court Of The Territory Of Dakota · 1889
- First National Bank v. United States Encaustic Tile Co.Indiana Supreme Court · 1886
- Coughran v. MarkleySouth Dakota Supreme Court · 1901
- Rogers v. Penobscot Mining Co.South Dakota Supreme Court · 1911
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3Cited by1 opinion
- Dyksterhouse v. ParrotSouth Dakota Supreme Court · 1960