Kinkead v. Moriarty
South Dakota Supreme Court
Appeal from Circuit Court, Beadle County. Hon. Arva ETayror, Judge. Action by A. L. Kiokead against Edward Moriarty and another. From an order relieving defendants from a default judgment, plaintiff appeals.
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Appeal from Circuit Court, Beadle County. Hon. Arva ETayror, Judge. Action by A. L. Kiokead against Edward Moriarty and another. From an order relieving defendants from a default judgment, plaintiff appeals. A party seeking relief against a judgment on the ground of his excusable negligence, must clear himself of the imputation of want of due diligence; he can not have relief if the taking of the judgment appears to have been due to his own carelessness, slothfulness or indifference to his own rights. 23 Cyc. 937, and authorities cited; Shay v. Clock Co., 44 Pac. 237 (Cal.) ; Victor P. &…
1Opinion of the CourtWhiting, J.
This cause is before us upon an appeal from an order of the trial court, relieving the defendants from a judgment upon default and allowing them to answer herein. The order was made under the provisions of section 151 of the Code of Civil Procedure, .which provides: “The court may likewise, in its discretion, and upon such terms as may be just, allow an answer or reply to be made, or other act to be done, after the time limited by this Code, or, by an order, enlarge such time; and may also, in its discretion, and upon such terms as may be just, at any time within one year after notice…
2Cases cited10 opinions
- Roland v. KreyenhagenCalifornia Supreme Court · 1861
- Haight v. GreenCalifornia Supreme Court · 1861
- Woodward v. BackusCalifornia Supreme Court · 1862
- Howe v. Independence Consolidated Gold & Silver Mining Co.California Supreme Court · 1865
- People v. O'ConnellCalifornia Supreme Court · 1863
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3Cited by4 opinions
- Smith v. WordemanSouth Dakota Supreme Court · 1932
- McDonald v. EganSouth Dakota Supreme Court · 1920
- Hallam v. HenkinSouth Dakota Supreme Court · 1913
- Dietmeier v. IngberSouth Dakota Supreme Court · 1928