Languein v. Olson

FULLE-R, C.

The question is whether appellant’s motion to vacate a default judgment against him, and for leave to answer, should have been granted. Appellant calls attention to the language of this court in Griswold Linseed Co. v. Lee, 1 S. D. 531, 47 N. W. 955, 36 Am. St. Rep. 761, which concerns Revised Code, § 237S, as follows: “The provisions of section 4939, Comp. Laws (now § 2378, R. C.), conferring upon courts the power to ‘relieve a party from a judgment * * * taken against him through his mistake,' inadvertence, surprise, or excusable neglect,’ are liberal.in their terms, remedial in…