Woods v. Pollard
South Dakota Supreme Court
Appeal from circuit court, Davison county. Hon. Frank B. Smith, Judge. Action by James H. Woods against A. C. Pollard to recover on a note. From an order vacating an order for publication, the summons, judgment and proceedings in the action, plaintiff appeals, and defendant presents a cross appeal. The facts are stated in the opinion.
1Opinion of the CourtCorson, J.
This is an appeal from an order vacating and setting aside an order for publication made by the circuit court, and the summons, judgment and proceedings in the action. The motion was made upon the following ground, among others: “That the affidavit for the publication of the summons does not show due dilgence to find the defendant within this state, in order to serve upon him the summons within this state.” The court, in its order vacating the judgment, states specifically that the motion is granted upon the ground that the affidavits for publication do not show due diligence on the part of…
2Cases cited3 opinions
- Beach v. BeachSupreme Court Of The Territory Of Dakota · 1889
- Iowa State Savings Bank v. JacobsonSouth Dakota Supreme Court · 1896
- Bothell v. HoellwarthSouth Dakota Supreme Court · 1898
3Cited by14 opinions
- Nilsson v. KruegerSouth Dakota Supreme Court · 1943
- Pillsbury v. StreeterNorth Dakota Supreme Court · 1906
- Coughran v. MarkleySouth Dakota Supreme Court · 1901
- Miller v. ScholtenSouth Dakota Supreme Court · 1979
- Renville State Bank v. KinsbergSouth Dakota Supreme Court · 1918
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