Egland v. Neill

65 N.W.2d 576 (1954)

EGLAND

v.

NEILL.

EGLAND

v.

NEILL et al.

No. 9413.

Supreme Court of South Dakota.

August 10, 1954.

Jackson & Krause, Lemmon, for plaintiff and appellant.

Davenport, Evans, Hurwitz, Smith & Heege, Sioux Falls, for defendant and respondent.

SMITH, Presiding Judge.

Whether through service of the owner and occupant of the surface of land as a garnishee, the trial court acquired jurisdiction of mineral rights therein owned by the nonresident defendant, upon whom substituted service was had, is the narrow question the parties would have us answer.

Plaintiff's action is for a judgment for…