Sioux Specialty Co. v. Coyle
South Dakota Supreme Court
Appeal from 'County Court, Gregory County. Hon. Chas. A. Davis, Judge. Action 'by Sioux Specialty Company, against Frank Coyle. From an order granting a motion to open and vacate'a default judgment, plaintiff appeals. (x.) To point one of the opinion, Appellant cited: Circuit Court Rules 8, ii; Code Civ. Proc., Sec. 151; Black on Judgments., Sec. 347; Res Moines: Mutual Hail Ins. Co., v. Clute, (S'. D.) 151 N. W. 281.
1Opinion of the CourtMcOO'Y, J.
On the 10th day of August, 1916, default judgment in this action was entered in the county .court. Upon the record, files, and affidavits, a motion was made -by defendant to open and vacate- said default and to -permit defendant to interpose an answer, which motion was made returnable on- the 13-th of October, 1916, .and at which time plaintiff appeared and by counter affidavits opposed said motion, and, after hearing the respective parties, said motion (to open said default was- 'denied. On the 17th day of October, 1916, defendant served notice of another motion to open said default based on…
2Cases cited1 opinion
- Griswold Linseed Oil Co. v. LeeSouth Dakota Supreme Court · 1891
3Cited by1 opinion
- McConnell v. MarguliesSouth Dakota Supreme Court · 1917