Legal Opinion

Brumwell v. Ede

South Dakota Supreme Court

Decided April 6, 1915No. File No. 3663Published

Appeal from Circuit Court, Beadle County. Hon. Alva E. . Taylor, Judge. Action by E. R. Brumwell against Ernest D. Ede. Erom a-judgment for defendant, plaintiff appeals.

1Per curiam

Plaintiff obtained a 'default judgment against defendant in justice’s court. The docket of the justice contains the following:

“October 11, 1913, defendant announced that he consents to the entry of a default judgment. It is hereby and now adjudged and ordered that plaintiff have judgment against him,” etc.

Thereafter defendant appealed from such judgment to the circuit court. In the circuit court defendant, by leave of court, served and filed an answer pleading payment, and also a counterclaim, to which plaintiff made reply. There was tidal which resulted in a verdict for defendant upon all…

2Cases cited2 opinions

  1. Whaley v. VidalSouth Dakota Supreme Court · 1910
  2. Morse v. Stanley CountySouth Dakota Supreme Court · 1910

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