Mann v. Hvammen
South Dakota Supreme Court
Appeal from Circuit Court, Spink County. Hon Alva E. Taylor, Judge. Action by George A. Mann against L. K. Hvammen. From a judgment for plaintiff, and from an ordei denying a new trial, defendant appeals. The summons was not sufficient to give the justice jurisdiction.
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Appeal from Circuit Court, Spink County. Hon Alva E. Taylor, Judge. Action by George A. Mann against L. K. Hvammen. From a judgment for plaintiff, and from an ordei denying a new trial, defendant appeals. The summons was not sufficient to give the justice jurisdiction. Secs. 13 and 19, Justices’ Code; Leonosio v. Bartilinc, 7 5. D. 93; Henry v. Maher, (N. D.) 71 N. W. 127. On appeal to the circuit court no general appearance was made, as the defendant, before answering and 'defending upon the merits, raised the jurisdictional question and entered his exception to the ruling of the court.…
1Opinion of the CourtWhiting, P. J.
[1] This action was started in the justice court. The summons issued and served was wholly insufficient to give such court jurisdiction over the person of the defendant, for the reason that such summons failed to- reveal the subject of the action and to disclose that the relief sought was one within the jurisdiction of a justice court. The defendant appeared specially in the justice court and moved such court to quash the summons and dismiss the action, basing such motion on the defects in such summons. The motion was denied; defendant elected to stand upon his motion; and judgment was…
2Cases cited9 opinions
- In re the Disbarment of BurnetteSupreme Court of Kansas · 1906
- Ex parte HendersonSupreme Court of Florida · 1855
- Ball v. BiggamSupreme Court of Kansas · 1890
- Plunket v. EvansSouth Dakota Supreme Court · 1892
- Lyons v. MillerNorth Dakota Supreme Court · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- City of Enderlin v. Pontiac TownshipNorth Dakota Supreme Court · 1932
- Nomland Motor Company v. AlgerNorth Dakota Supreme Court · 1949
- Bachelor v. VanderbosSouth Dakota Supreme Court · 1932
- City of Sioux Falls v. WearhamSouth Dakota Supreme Court · 1922
- Quinn v. ConklinSouth Dakota Supreme Court · 1914
3 more not listed; retrieve them via the Exa API.