Searles v. Christensen
South Dakota Supreme Court
Appeal from Minnehaha county court. Hon. E. Parliman, Judge. Action on a promissory note, in which there was a judgment for plaintiff by default. Prom an order denying a motion to open and vacate such judgment, defendant appeals. The facts are stated in the opinion.
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Appeal from Minnehaha county court. Hon. E. Parliman, Judge. Action on a promissory note, in which there was a judgment for plaintiff by default. Prom an order denying a motion to open and vacate such judgment, defendant appeals. The facts are stated in the opinion. A party may be relieved from a judgment obtained against him by reason of the negligence, ignorance, or fraud of his attorneys, without resorting to an action against the attorney, or showing him to be insolvent. 1 Black Judg. 417; Sharp v. Mayor, 31 Barb, 578; Allen v. Hoffman, 12 111. App. 573; Ordway v.' Suchart, 31 la. 481;…
1Opinion of the CourtKellam, J.
This is an appeal from an order of the county court of Minnehaha county refusing to vacate a judgment against appellant, and allow him to defend.
Respondent contends, before reaching the merits, that the action of the trial court was right, for the reason that Messrs. W. and S. & W. were the attorneys of defendant of record, and that the attorneys who presented the motion below, and who take this appeal, were not the attorneys of record of defendant and appellant, and hence that the court could not properly recognize 'them until duly substituted. We think the place to have made that suggestion…
2Cases cited11 opinions
- Millspaugh v. McBrideNew York Court of Chancery · 1839
- Griswold Linseed Oil Co. v. LeeSouth Dakota Supreme Court · 1891
- Whereatt v. EllisWisconsin Supreme Court · 1887
- Bradford v. . CoitSupreme Court of North Carolina · 1877
- Baxter v. ChuteSupreme Court of Minnesota · 1892
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- National Surety Corporation v. ShoemakerSouth Dakota Supreme Court · 1972
- Ackerman v. BurgardSouth Dakota Supreme Court · 1961
- Connell v. NickeyCourt of Appeals of Texas · 1914
- Fisk v. HicksSouth Dakota Supreme Court · 1912
- Ingalls v. ArbeiterSouth Dakota Supreme Court · 1949
13 more not listed; retrieve them via the Exa API.