Pettigrew v. City of Sioux Falls
South Dakota Supreme Court
Appeal from circuit court, Minneh alia county. Hon. J. W. Jones, Judge. Action by Lueila B. Pettigrew and Alma J. Pettigrew against the city of Sioux Palls, S. D., and George B. Sammons, treasurer of the city of Sioux Palls, to enjoin the collection of a reassessment against certain lots on account of street improvements in which there was a judgment for plaintiffs. Prom an order denying a motion to vacate such judgment, defendants appeal.
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Appeal from circuit court, Minneh alia county. Hon. J. W. Jones, Judge. Action by Lueila B. Pettigrew and Alma J. Pettigrew against the city of Sioux Palls, S. D., and George B. Sammons, treasurer of the city of Sioux Palls, to enjoin the collection of a reassessment against certain lots on account of street improvements in which there was a judgment for plaintiffs. Prom an order denying a motion to vacate such judgment, defendants appeal. The facts are fully stated in the opinion. An order denying a motion to relieve a party from a judgment taken against him through his mistake or excusable…
1Opinion of the CourtKellam, J.
This is an appeal from the refusal of the circuit court to vacate a judgment against appellants, on the ground that the same was taken against them through their mistake or excusable neglect. The action in which the judgment sought to be set aside was rendered was to enjoin the collection of a reassessment against lots of respondents in Sioux Palls on account of street improvements. The case being at issue upon complaint and answer, and referred to a referee for trial, the parties, through their attorneys, made a written stipulation that the referee should find and report that the facts…
2Cases cited2 opinions
- Ellis v. JonesNew York Supreme Court · 1851
- Phillips v. City of Sioux FallsSouth Dakota Supreme Court · 1894
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