Rathje v. Kaufmann

This action upon a domestic judgment was brought without leave of court in contravention of SDC 33.0105. A few days after its commencement the twenty-year period of limitation upon the right to bring an action on a judgment as fixed by SDC 33.0232(1) (a) elapsed. After the statute of limitations had run defendant moved the court for an order dismissing the action because it had been brought without leave of court, and plaintiff moved the court for an order nunc pro tunc granting leave to bring the action. These motions were heard together. By a single order the court authorized the brining of…