Burton v. Cooley
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Mrs. A. H. Burton against J. A. Cooley and another. From an order denying the motion of defendant, J. A. Cooley, to vacate a default judgment against him, he appeals.
1Opinion of the CourtCorson, J.
This is an appeal from an order made by the circuit court denying appellant’s motion to vacate and set aside a judgment rendered in an action in which he was one of the defendants and denying him permission to file an answer therein. It is disclosed by the record that on the 31st day of December, 1901, respondent took a default judgment against the appellant in the circuit court of Minnehaha county for the sum of $898.50, including costs, which judgment was not filed for record until the 30th day of July, 1903; that on the 14th day of November, 1906, appellant procured from said court an…
2Cases cited1 opinion
- Matchett v. LiebigSouth Dakota Supreme Court · 1905
3Cited by6 opinions
- Pyle v. GrothAppellate Court of Illinois · 1957
- Hays v. AlwaySouth Dakota Supreme Court · 1917
- Illinois Trust & Savings Bank v. Town of RoscoeSouth Dakota Supreme Court · 1923
- Adam v. Van BurenSouth Dakota Supreme Court · 1982
- Decory v. NelsonSouth Dakota Supreme Court · 1916
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