Weber v. Tschetter
South Dakota Supreme Court
Appeal from circuit court, McCook county. Hon. Frank R. Aikens, Judge. Motion to set aside a judgment entered upon default and for leave to answer. Allowed. Plaintiff: appeals. The facts are stated in the opinion. The decision on the July motion was conclusive of this application under the doctrine of res judicata. Comp.
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Appeal from circuit court, McCook county. Hon. Frank R. Aikens, Judge. Motion to set aside a judgment entered upon default and for leave to answer. Allowed. Plaintiff: appeals. The facts are stated in the opinion. The decision on the July motion was conclusive of this application under the doctrine of res judicata. Comp. Laws, § 5236; Freeman Judg. § 325; Louis v. Brown, 109- U. S. 162; Hanson v. Hanson, 20 Pac. 736; Hawk v. Evans, 41 N. W. 368; Foley v. City, 3 N.' Y. S. 47; Craig v. Casby, 8 S. W. 185; Johnson v. Latta, 84 Mo. 139; Meyer v. Sharp, 42 N. W. 757; Second Ward Bank v. Upman, 14…
1Opinion of the CourtKellam, J.
On the 24th day of March, 1885, in the district court of McCook county, .Dak., judgment was taken in open court in favor of George’W. Weber, plaintiff, and against Jacob Tschetter and Elias Wipf, defendants. The return of the sheriff of said McCook county showed that the summons was personally served upon said defendants by delivering to and leaving with each of them a true copy thereof. Mr. Wilson, an attorney of said court, gave notice of retainer to plaintiff’s attorneys in said action, and that he appeared for defendants therein, demanding a copy of the complaint. Afterwards, upon…
2Cases cited3 opinions
- Dwight v. . St. JohnNew York Court of Appeals · 1862
- Mabry v. . HenrySupreme Court of North Carolina · 1880
- Robbins v. KountzWisconsin Supreme Court · 1878
3Cited by28 opinions
- Calhoun v. BryantSouth Dakota Supreme Court · 1911
- Gade v. CollinsSouth Dakota Supreme Court · 1896
- Enderlin State Bank v. JenningsNorth Dakota Supreme Court · 1894
- Ayers v. Anderson-Tully Co.Supreme Court of Arkansas · 1909
- Continental Oil Co. v. Osage Oil & Refining Co.Court of Appeals for the Tenth Circuit · 1934
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