Whitfield v. Howard
South Dakota Supreme Court
Appeal from circuit court, Moody county. Hon. Joseph W. Jones, Judge. Action by Whitfield, Powers & Co. against Charles K. Howard. From an order denying a motion to vacate and set aside a judgment upon default for plaintiffs, defendant a'ppeals The records and evidence show no service of process upon appellant. The circuit court therefore was without jurisdiction the default judgment rendered by it void and it should be vacated and set aside.
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Appeal from circuit court, Moody county. Hon. Joseph W. Jones, Judge. Action by Whitfield, Powers & Co. against Charles K. Howard. From an order denying a motion to vacate and set aside a judgment upon default for plaintiffs, defendant a'ppeals The records and evidence show no service of process upon appellant. The circuit court therefore was without jurisdiction the default judgment rendered by it void and it should be vacated and set aside. Harris'v. Hardmann, Í4 How. 337; § 5103 Comp. Laws; St. Cruix Lumber Co. v. Pennington, 2Dak. 467; Weeks v. Go’d Min. Co, 73 Cal. 599; Reinhart v.…
1Opinion of the CourtCorson, J.
In December, 1884, judgment by default was entered in an action in Moody county entitled ‘‘Whitfield, Powers & Co. v. Charles K. Howard,” in. favor of plaintiffs and against defendant, for the sum of $1,310.39. No execution was issued until May, 1898, when a motion was made by respondents to the circuit'court for leave to’issue execution thereon, which motion was granted. In July, 1898, defendant herein made a motion to vacate and set aside this judgment on the ground that no summons in the action was ever served upon him. This motion was denied, and from the order denying the same an appeal…
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- Farnsley v. StillwellSupreme Court of Iowa · 1899
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