Legal Opinion

W. B. Foshay Co. v. Springfield Light & Power Co.

South Dakota Supreme Court

Decided December 9, 1925No. File No. 5503PublishedCited by 5 opinions

1Opinion of the CourtDillon, J.

This is an action to remove default judgment. Appellant contends that the affidavits of the respondent in sup*93port of the motion to- set aside the default judgment herein do not set forth sufficient facts to excuse the inadvertence or neglect of respondent in answering the summons and complaint of appellant, and that the trial court was without jurisdiction in the exercise of its large discretion to vacate the default judgment herein. The facts state that the summons and complaint were served on the respondent on May 7, 1923; that the default judgment herein was entered on June 7, 1923. The…

2Cases cited3 opinions

  1. Griswold Linseed Oil Co. v. LeeSouth Dakota Supreme Court · 1891
  2. Citizens' National Bank v. BrandenNorth Dakota Supreme Court · 1910
  3. Johnson v. GermanSouth Dakota Supreme Court · 1921

3Cited by5 opinions

  1. Ackerman v. BurgardSouth Dakota Supreme Court · 1961
  2. Smith v. WordemanSouth Dakota Supreme Court · 1932
  3. Squires v. Meade CountySouth Dakota Supreme Court · 1931
  4. Gubele v. Methodist Deaconess HospitalSouth Dakota Supreme Court · 1929
  5. Ackerman v. BurgardSouth Dakota Supreme Court · 1961

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