G. S. Congdon Hardware Co. v. Consolidated Apex Mining Co.
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. William Gardner, Judge. - Action by the G. S. Congdon Hardware Company, a corporation, against the Consolidated Apex Mining Company, a corporation. Prom an order denying defendant’s motion to set aside a default judgment, it appeals. The facts are stated in the opinion. The concealment of the service by the director, Farrar, from the managing officers of defendant corporation was sufficient cause for opening the judgment.
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Appeal from circuit court, Pennington county. Hon. William Gardner, Judge. - Action by the G. S. Congdon Hardware Company, a corporation, against the Consolidated Apex Mining Company, a corporation. Prom an order denying defendant’s motion to set aside a default judgment, it appeals. The facts are stated in the opinion. The concealment of the service by the director, Farrar, from the managing officers of defendant corporation was sufficient cause for opening the judgment. Willsey v. .Horse Ranch Co., 7 S. D. 114; Stum v. School, 47 N. W. 462. The defendant should have been allowed to file its…
1DissentFuller, J.
(dissenting.) Though controverted, it is made to appear by proper affidavits submitted in opposition to the motion to vacate the judgment, and from which I deem it unnecessary to quote at length, that, in allowing the case to go by default, the director upon whom service was obtained pursued in good faith and without collusion'the policy of appellant corporation with reference to other valid claims against it, all of which had been placed in judgment without resistance; and there being no defense to the cause of action, or any part thereof, alleged in.the complaint, he’believed it to be for…
2Cases cited1 opinion
- Evans v. Fall River CountySouth Dakota Supreme Court · 1893