K. & S. Sales Co. v. Sorenson

MISER, 'C.

Defendant Sorenson -was not, at the time of the service of the summons and complaint herein upon him, a resident of Beadle county, and never had been. Respondent K. & S. Sales Company brought suit against him in the municipal court of the city of Huron, Beadle county. Summons and complaint were served upon him in Turner county, where he resided. On default of answer, judgment was entered against him. His motion to vacate that judgment having been overruled, he appeals.

He contends that under section 23, article 5, S. D. Const., and section 2122, R. C. 1919, the municipal court…