Massillon Engine & Thresher Co. v. Hubbard
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by the Massillon Engine & Thresher Co. against C. W. Hubbard, impleaded with another. From an order denying said Hubbard’s motion to vacate a judgment against him, on the ground that he had not been served with summons, he appeals. The facts are stated in the opinion.
1Opinion of the CourtCorson, P. J.
On March 11, 1897, the plaintiff caused a summons and complaint to be. served upon the defendant Hubbard, as returned by the sheriff as follows: “I personally served the said summons and complaint on the within-named defendant, C. W. Hubbard, by delivering to and leaving at his dwelling house, in the presence of Ellen Hubbard, a true and correct copy thereof, the said Ellen Hubbard being a member of said defendant’s, C. W. Hubbard’s, family, to-wit, his wife, and over the age of 14 years, and the defendant, C. W. Hubbard, not being conveniently found. Dated March 11th, 1897.” Said defendant…
2Cases cited7 opinions
- Earle v. McVeighSupreme Court of the United States · 1876
- Schlawig v. De PeysterSupreme Court of Iowa · 1891
- Hewitt v. WeatherbySupreme Court of Missouri · 1874
- Adams v. AbramMichigan Supreme Court · 1878
- Wheeler v. WilkinsMichigan Supreme Court · 1869
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3Cited by2 opinions
- Johnson v. BruflatSouth Dakota Supreme Court · 1922
- Phelps v. McCollamNorth Dakota Supreme Court · 1901