Legal Opinion

Cochran v. Germain

South Dakota Supreme Court

Decided October 2, 1901PublishedCited by 4 opinions

Appeal from circuit court, Minehaha county. Hon. Joseph W. Jones, Judge. Action by E. W. Cochran against Charles R. Germain and another. From an order setting aside a judgment in favor of plaintiff, he appeals.

1Opinion of the Court

FuuuKr, P. J,

Whether the trial court obtained jurisdiction by the publication of a summons and personal service thereof in another state is the only question presented by this appeal from an order setting aside a judgment obtained against non-resident defendants in an action on a promissory note. Appellant’s affidavit, upon which the order for publication was based, is as follows: “E. W. Coughran, being first duly sworn, deposes and says, that he is the plaintiff in the above entitled action; that a cause of action exists in favor of the plaintiff and against the defendants upon contract for…

2Cases cited1 opinion

  1. Bothell v. HoellwarthSouth Dakota Supreme Court · 1898

3Cited by4 opinions

  1. Pillsbury v. StreeterNorth Dakota Supreme Court · 1906
  2. Allen v. RichardsonSouth Dakota Supreme Court · 1902
  3. Carroll v. FowlerSouth Dakota Supreme Court · 1914
  4. Coughran v. GermainSouth Dakota Supreme Court · 1903

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