Garvie v. Greene
South Dakota Supreme Court
Appeal from circuit court, Hyde county. Hon. Loring E. Gaffy, Judge. Action by James Garvie against Judson L. Greene. Prom a judgment in favor of plaintiff, defendant appeals. The facts are stated in the opinion. The motion to set aside the service of the summons extended the time to answer and defendant was not in default. Mitchell v. Campbell, 13 Pac. 190. The plea of the statute of limitations is a legal and not an unconscionable defense.
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Appeal from circuit court, Hyde county. Hon. Loring E. Gaffy, Judge. Action by James Garvie against Judson L. Greene. Prom a judgment in favor of plaintiff, defendant appeals. The facts are stated in the opinion. The motion to set aside the service of the summons extended the time to answer and defendant was not in default. Mitchell v. Campbell, 13 Pac. 190. The plea of the statute of limitations is a legal and not an unconscionable defense. Sheldon v. Adams, 41 Barb. 54; Bank v. Gifford, 40 Id. 654; Gilchrist v. Gilchrist, 44 How. 317; Catlin v. Gunter, 11 N. Y. 368; 3 Wait’s Prac. 666-7;…
1Opinion of the CourtPuller, J.
On the 9th day of November, 1895, the defendant, appearing specially, moved to set aside the summons in this action, dated October 11th, immediately preceding, on account of an alleged jurisdictional defect in the service thereof; *609and this motion, together with a counter motion for judgment in default of an answer, came on for determination at the opening of the regular December, 1895, term of the circuit court. At the hearing, both motions were overruled. Plaintiff was permitted to show a valid service by an amended return. The defendant was relieved from default, and thereupon allowed to…
2Cases cited7 opinions
- Mitchell v. CampbellOregon Supreme Court · 1887
- Sossong v. RosarSupreme Court of Pennsylvania · 1886
- Searles v. ChristensenSouth Dakota Supreme Court · 1894
- Shinn v. CumminsCalifornia Supreme Court · 1884
- Freeman v. HillSupreme Court of Kansas · 1891
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3Cited by6 opinions
- Mantle v. CaseyMontana Supreme Court · 1904
- Wheeler v. CastorNorth Dakota Supreme Court · 1903
- Naderhoff v. Geo. Benz & SonsNorth Dakota Supreme Court · 1913
- Houts v. BartleSouth Dakota Supreme Court · 1901
- O'Neill v. JonesSouth Dakota Supreme Court · 1909
1 more not listed; retrieve them via the Exa API.