Olson v. Advance Rumely Thresher Co.
South Dakota Supreme Court
Appeal from Circuit Court, Charles Mix County. Hon. Robert B. Tripp, Judge. 'Action by Jacob Olson, against The Advance Rumely Thresher Company, a corporation. On second appeal from order refusing to vacate, default judgment.
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Appeal from Circuit Court, Charles Mix County. Hon. Robert B. Tripp, Judge. 'Action by Jacob Olson, against The Advance Rumely Thresher Company, a corporation. On second appeal from order refusing to vacate, default judgment. (4) To point four of the opinion, Appellant cited: Fisk v. Hicks, (S. D.) 137 N. W. 424; Western Surety Company v. Boettcher, ('S. D.) i'5Ó, N. W. 69; 'Sec. 2378, Rev: Code 1919. Respondent cited: Adam v. Lockwood Co. 2 Pac.' 626; Jeansch v. Lewis 48 N. W. 128, 1 S. D. 609; Fisk v. Hicks 137 N. W. 424, 29 S. D. 399; Carlson v. Carlson, 49 Minn., 555, 52 N. W., 214. (5)…
1Opinion of the CourtSmith, J.
[1] This is a second appeal by this defendant in an attempt to secure the vacation of a default judgment. The decision on the first appeal is reported in 175 N. W. 192. The former motion was based solely upon an affidavit of appellant’s attorney, which was held insufficient to excuse his negligence. The contents of that affidavit are set out in the reported case. His affidavit upon the present appeal embodies' substantially the same facts. The circumstances out of which the default arose were considered in our former decision, and no new> or additional facts are disclosed on this appeal which…
2Cases cited13 opinions
- Riggs v. . PursellNew York Court of Appeals · 1878
- Jeansch v. LewisSouth Dakota Supreme Court · 1891
- Board of Commissioners v. McIntoshSupreme Court of Kansas · 1883
- Weber v. TschetterSouth Dakota Supreme Court · 1890
- Jensen v. BarbourMontana Supreme Court · 1892
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3Cited by9 opinions
- Calhoun v. GreeningAlaska Supreme Court · 1981
- Davis v. Interstate Motor Carriers AgencySouth Dakota Supreme Court · 1970
- Smith v. WordemanSouth Dakota Supreme Court · 1932
- First National Bank & Trust Co. v. KirbySouth Dakota Supreme Court · 1934
- Moore v. W O O W, Inc.Supreme Court of North Carolina · 1959
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