Plano Mfg. Co. v. Murphy
South Dakota Supreme Court
Appeal from circuit court, Brown county. Hon. A. W. Campbell, Judge. Action by the Plano Manufacturing. Company against Michael W. Murphy and others. A judgment was rendered in favor of plaintiff by default, and from an order denying defendants’ motion to vacate such judgment and grant defendants leave to answer they appeal.
Read the full summary
Appeal from circuit court, Brown county. Hon. A. W. Campbell, Judge. Action by the Plano Manufacturing. Company against Michael W. Murphy and others. A judgment was rendered in favor of plaintiff by default, and from an order denying defendants’ motion to vacate such judgment and grant defendants leave to answer they appeal. A summons served by an agent of a corporation plaintiff does not give the court jurisdiction as the corporation cannot do by agent what it cannot do by an officer, it being obliged to act through its officers or agents. Rutherford v. Moody, 59 Ark. 328. The power…
1Opinion of the CourtCorson, J.
This is an appeal from an order made by the circuit court of Brown county denying defendant’s motion to vacate and set aside a judgment and for leave to answer. The motion seems to have been made upon the following grounds: First, that-the summons in the action was not properly served upon the defendant, as the same was not served by an officer or by a person not a party to the action; second, that judgment was taken against the defendant through his mistake, inadvertence, surprise, or excusable neglect; third, that no *382proper judgment was entered under the complaint in the action; and,…
2Cases cited6 opinions
- Shearman v. JorgensenCalifornia Supreme Court · 1895
- Griswold Linseed Oil Co. v. LeeSouth Dakota Supreme Court · 1891
- Skinner v. . TerrySupreme Court of North Carolina · 1890
- First National Bank v. EstensonSupreme Court of Minnesota · 1897
- Loucks v. HallenbeckAppellate Division of the Supreme Court of the State of New York · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State ex rel. Mills v. American Surety Co.Idaho Supreme Court · 1914
- Roth v. NashWashington Supreme Court · 1943
- Froling v. FarrarNorth Dakota Supreme Court · 1950
- Lucas v. North Carolina Mutual Life Ins.Supreme Court of South Carolina · 1937
- Matchett v. LiebigSouth Dakota Supreme Court · 1905
8 more not listed; retrieve them via the Exa API.