St. Paul Harvester Co. v. Forbreg
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action by the St. Paul Harvester Company against Sivert P. Forbreg on a note. Judgment for plaintiff by default. On defendant’s motion, the judgment was set aside, and from the order based on such motion plaintiff appeals. The facts are stated in the opinion.
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Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action by the St. Paul Harvester Company against Sivert P. Forbreg on a note. Judgment for plaintiff by default. On defendant’s motion, the judgment was set aside, and from the order based on such motion plaintiff appeals. The facts are stated in the opinion. This action being brought to recover upon a promissory note containing a contingent attorney fee clause and also to recover the reasonable value of goods sold and delivered, should be commenced with a relief summons. 1 Wait’s Prac. p. 476; Notton v. Cary, 23 How.…
1Opinion of the Court
Kellam, P, J.
This was an appeal from an order of the circuit court of Minnehaha county, setting aside the complaint of this action on account of variance from the summons. The complaint was not served with the summons. The summons contained the notice that, if defendant failed to answer the complaint, the plaintiff would ‘ ‘ajjply to the court for the relief demanded in the complaint.” Afterwards the complaint was filed with the clerk, and, upon proof of defendant’s default, judgment was entered against him. The cause of action, as stated in the complaint, was a promissory note" made by…
2Cases cited2 opinions
- Brown v. EatonNew York Supreme Court · 1869
- Berry v. BingamanSouth Dakota Supreme Court · 1891
3Cited by4 opinions
- Naderhoff v. Geo. Benz & SonsNorth Dakota Supreme Court · 1913
- Peterson v. McMillanSouth Dakota Supreme Court · 1944
- Dodge v. HessSouth Dakota Supreme Court · 1923
- Leonosio v. BartilinoSouth Dakota Supreme Court · 1895