Griswold Linseed Oil Co. v. Lee
South Dakota Supreme Court
Appeal from circuit court Minnehaha county. Hon. Frank R. Aikens, Judge. Order bo show cause why a judgment entered upon a default should not be vacated and set aside and an execution and levy thereunder set aside and the defendant have leave to anaswer in the action. The order to show cause was discharged and the relief asked for by defendant denied. He brings an appeal to this court. The material facts are stated in the opinion.
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Appeal from circuit court Minnehaha county. Hon. Frank R. Aikens, Judge. Order bo show cause why a judgment entered upon a default should not be vacated and set aside and an execution and levy thereunder set aside and the defendant have leave to anaswer in the action. The order to show cause was discharged and the relief asked for by defendant denied. He brings an appeal to this court. The material facts are stated in the opinion. A party should always be relieved from an excusable default where he appears to have a meritorious defense and the application is made promptly after discovery of…
1Opinion of the CourtCorson, P. J.
This action was instituted by the plaintiff to recover the sum of §759.15, alleged to be due from defendant for money advanced under a certain contract entered into between plaintiff and defendant on July 13, 1887, and for the sum of §4,372.58, for profits received by defendant on resale of flax-seed alleged to have been purchased by defendant for account of plaintiff, interest, etc., under the terms of said contract. The summons and complaint were personally served upon the *534defendant in Minnehaha county on the 25th day of March, 1890, and, defendant failing to serve an answer within the…
2Cases cited16 opinions
- Hill v. CrumpIndiana Supreme Court · 1865
- Mott v. . Union Bank of City of New YorkNew York Court of Appeals · 1867
- Francis v. CoxCalifornia Supreme Court · 1867
- Gracier v. WeirCalifornia Supreme Court · 1872
- Warder, Bushnell & Glessner Co. v. IngliSouth Dakota Supreme Court · 1890
11 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- National Surety Corporation v. ShoemakerSouth Dakota Supreme Court · 1972
- Davis v. Interstate Motor Carriers AgencySouth Dakota Supreme Court · 1970
- Greene v. Montana Brewing Co.Montana Supreme Court · 1905
- Ackerman v. BurgardSouth Dakota Supreme Court · 1961
- Eby v. MisarSouth Dakota Supreme Court · 1984
35 more not listed; retrieve them via the Exa API.