Legal Opinion

Crisp v. Gochnour

South Dakota Supreme Court

Decided September 15, 1914PublishedCited by 5 opinions

Appeal from Circuit Court, Moody County. Hon. Joseph W. ■JONES, Judge. Action by W. H. Crisp and another against H. R. G.ochnour, in which a default judgment was rendered. From an order refusing to quash service of the summons and complaint, defendant appeals. (1) Under point one of the opinion, Appellant cited: Civ. Code, Sec. • 2458; Laws 1907, Ch. 181; Gladwin v. Lewis, 6 Conn. 49, 16 Am. Dec. 33; Leonosio v. Bartilino, 7 S. D. 93. . Respondents cited: Civ.

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Appeal from Circuit Court, Moody County. Hon. Joseph W. ■JONES, Judge. Action by W. H. Crisp and another against H. R. G.ochnour, in which a default judgment was rendered. From an order refusing to quash service of the summons and complaint, defendant appeals. (1) Under point one of the opinion, Appellant cited: Civ. Code, Sec. • 2458; Laws 1907, Ch. 181; Gladwin v. Lewis, 6 Conn. 49, 16 Am. Dec. 33; Leonosio v. Bartilino, 7 S. D. 93. . Respondents cited: Civ. Code, Secs'. 2458, 2460; Laws 1907, Ch. 181; Pen. Code,, Secs. 39, 40, 42. (2). Under point two. of the opinion, Respondents cited: 2…

1Opinion of the Court

POLLEÍY, J.

This appeal is from an order overruling a-motion to quash the service of the summons and complaint. The *366summons and complaint were served in Moody county on the ist day of September, 1913. No appearance of any kind was entered by defendant within 30 days thereafter, and, on the 17th day of October following, the court, upon proper proof of default, entered judgment for plaintiff for the relief prayed for in the complaint. On the 27th day of said month, defendant, by his attorneys, served upon plaintiff the following notice of motion:

“You will please to take notice that the…

2Cases cited1 opinion

  1. Rogers v. Penobscot Mining Co.South Dakota Supreme Court · 1911

3Cited by5 opinions

  1. Rorick v. StilwellSupreme Court of Florida · 1931
  2. Read v. RouschSupreme Court of Iowa · 1920
  3. Robinson v. GloverSouth Dakota Supreme Court · 1932
  4. Farmers Implement Co. v. SandbergSupreme Court of Minnesota · 1916
  5. Union Bond & Mortgage Co. v. BrownSouth Dakota Supreme Court · 1936

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