Fisk v. Hicks
South Dakota Supreme Court
Appeal from Circuit Court, Potter County. Hon. J. H. Bot-Tum, Judge. Action by Robert B. Fisk and another against Joseph Hicks, to recover attorney’s fees alleged to have been earned for 'services performed by plaintiffs for defendant, a non-resident, under an employment through alleged authorized attorneys resident in the state of defendant’s residence. From an order, setting aside a default judgment in the action, with leave to answer, plaintiffs appeal.
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Appeal from Circuit Court, Potter County. Hon. J. H. Bot-Tum, Judge. Action by Robert B. Fisk and another against Joseph Hicks, to recover attorney’s fees alleged to have been earned for 'services performed by plaintiffs for defendant, a non-resident, under an employment through alleged authorized attorneys resident in the state of defendant’s residence. From an order, setting aside a default judgment in the action, with leave to answer, plaintiffs appeal. It is the general rule that a second application to set aside a default and be allowed to answer, based on the same grounds as the first,…
1Opinion of the CourtSmith, J.
Appeal from an order setting aside a default judgment with leave to answer. On March n, 1910, appellants Fisk and Sargent instituted an action against Joseph Flicks, who was a resident of Illinois, by 'the issuance of a summons and warrant of attachment, which was levied on certain moneys belonging to Hicks, in this state. A copy of the warrant of attachment and notice of levy were mailed to defendant at his place of residence, Warren, 111., and were received by him March 18, 1910. On April 4, 1910, the summons and complaint were personally served on Hicks in the state of Illinois. On July…
2Cases cited20 opinions
- Jeansch v. LewisSouth Dakota Supreme Court · 1891
- Griswold Linseed Oil Co. v. LeeSouth Dakota Supreme Court · 1891
- Griel v. . VernonSupreme Court of North Carolina · 1871
- Ford v. DoyleCalifornia Supreme Court · 1872
- Jensen v. BarbourMontana Supreme Court · 1892
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3Cited by17 opinions
- National Surety Corporation v. ShoemakerSouth Dakota Supreme Court · 1972
- Hall Oil Co. v. BarquinWyoming Supreme Court · 1925
- Peterson v. La CroixSouth Dakota Supreme Court · 1988
- Gifford v. BowlingSouth Dakota Supreme Court · 1972
- Davis v. Interstate Motor Carriers AgencySouth Dakota Supreme Court · 1970
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