Davis v. Cook
South Dakota Supreme Court
Appeal from circuit court, Bon Homme county. Hon. E. G. Smith, Judge. Action to quiet title. The court directed a verdict for defendant, but thereafter granted plaintiff’s motion for a new trial, and defendant appeals. The facts are stated in the opinion. A court can acquire competent jurisdiction only by the service of a summons in some of the modes prescribed by law. Waldron v. Railroad, 1 Dak. 352. The statutes prescribe the manner of service. §§ 4898 and 4900, Comp.
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Appeal from circuit court, Bon Homme county. Hon. E. G. Smith, Judge. Action to quiet title. The court directed a verdict for defendant, but thereafter granted plaintiff’s motion for a new trial, and defendant appeals. The facts are stated in the opinion. A court can acquire competent jurisdiction only by the service of a summons in some of the modes prescribed by law. Waldron v. Railroad, 1 Dak. 352. The statutes prescribe the manner of service. §§ 4898 and 4900, Comp. Laws. Jurisdiction of absent defendants can only be acquired by complying strictly with the provisions of the statute. Cook…
1Opinion of the CourtCorson, P. J.
This is an appeal from an order granting a new trial. The plaintiff brought the action to quiet the title to a tract of land in Bon Homme county. On the trial he sought to establish his title through attachment proceedings, judgment, and sale under execution, in an action in which H, D. Brown was plaintiff and one John Klemme was defendant, it being claimed that Klemme was the owner of the land at the time that action was instituted. No personal service of the summons was made upon Klemme in the attachment suit, and he did not appear in the action, but substituted service was made by the…
2Cases cited11 opinions
- Forbes v. HydeCalifornia Supreme Court · 1866
- Wall v. TrumbullMichigan Supreme Court · 1867
- Staples v. . FairchildNew York Court of Appeals · 1849
- Porter v. . PurdyNew York Court of Appeals · 1864
- Belmont v. . CornenNew York Court of Appeals · 1880
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3Cited by6 opinions
- Coughran v. MarkleySouth Dakota Supreme Court · 1901
- Bothell v. HoellwarthSouth Dakota Supreme Court · 1898
- McPherson v. JuliusSouth Dakota Supreme Court · 1903
- Bunker v. TaylorSouth Dakota Supreme Court · 1898
- Carroll v. FowlerSouth Dakota Supreme Court · 1914
1 more not listed; retrieve them via the Exa API.