Brettell v. Deffebach
South Dakota Supreme Court
• Appeal from circuit court, Lawrence county. Hon. Chas. M. Thomas, Judge. Action- involving the right of possession of certain mining property. From an order setting aside a judgment obtained therein by default plaintiff appeals. The facts are stated in the opinion. An application to set aside a judgment cannot be made by a stranger to the record.
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• Appeal from circuit court, Lawrence county. Hon. Chas. M. Thomas, Judge. Action- involving the right of possession of certain mining property. From an order setting aside a judgment obtained therein by default plaintiff appeals. The facts are stated in the opinion. An application to set aside a judgment cannot be made by a stranger to the record. Freeman Judg. §91; Seyniour v. Board, 40 Wis. 62; Gere v. Gundlack, 57 Barb. 15. Before a third party can come into a suit he must show such an interest in the subject matter as will entitle him to be heard either by an affidavit of merit or…
1Opinion of the CourtFuller, J.
This is an appeal from an order of the circuit court, made and entered on. the 30th day of June, 1890, vacating and setting aside a judgment by default rendered in said court on the 1st day of July, 1889, in an action purporting to have been instituted on the 1st das'' of November, 1880, involving the right of possession and ownership of certain mining property situated in that portion of Lawrence county designated as the ‘Whitewood Quartz-Mining District.” Nothing to indicate that a suit was pending was ever filed in court until more than 7$ years after the ’ commencement thereof, and on the…
2Cases cited3 opinions
- Ætna Insurance v. AldrichWisconsin Supreme Court · 1875
- Filkins v. O'SullivanIllinois Supreme Court · 1875
- Bush v. MeachamMichigan Supreme Court · 1884
3Cited by6 opinions
- National Power & Paper Co. v. RossmanSupreme Court of Minnesota · 1913
- Frederick Milling Co. v. Frederick Farmers' Alliance Co.South Dakota Supreme Court · 1906
- Brettell v. DeffebachSouth Dakota Supreme Court · 1894
- Smith v. RobertsCalifornia Court of Appeal · 1905
- Coughran v. GermainSouth Dakota Supreme Court · 1903
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