McArthur v. Southard
South Dakota Supreme Court
Appeal from circuit court, Lincoln county. Hon. J. W. Jones, Judge. Action to foreclose a mechanic’s lien. From an order overruling a motion to vacate a default judgment in favor of plaintiffs, defendant Southard appeals. The facts are stated in the opinion. The trial court had no jurisdiction to render judgment against defendants in excess of the relief demanded in the complaint. Comp. Laws, § 5097; Simonson v. Blake, 20 How. Pr. 484; 6 Encyc.
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Appeal from circuit court, Lincoln county. Hon. J. W. Jones, Judge. Action to foreclose a mechanic’s lien. From an order overruling a motion to vacate a default judgment in favor of plaintiffs, defendant Southard appeals. The facts are stated in the opinion. The trial court had no jurisdiction to render judgment against defendants in excess of the relief demanded in the complaint. Comp. Laws, § 5097; Simonson v. Blake, 20 How. Pr. 484; 6 Encyc. PI. & Pr. 109; Belford v. Woodward, (Ill.) 29 L. R. A. 593; Oil Co. v. Maginnis, (Minn.) 20 N. W. 85; McKenzie v. Peck, (Wis.) 42 N. W. 247; Cleveland…
1Opinion of the CourtFuller, J.
This appeal is from an order made in circuit court, overruling a motion to vacate and set aside, as to defendant Emily Southard, an alleged default judgment entered in territorial district court on the 3d day of February, 1885. The facts fairly -before us, and essential to a proper understanding of the case, so far as undisputed, are substantially as follows: Being the owner of a city lot, appellant, Southard, entered into a contract of sale or bond for a deed with Isabella *568M. Smith, who thereafter, for the purpose of making improvements thereon, purchased certain' building material, to…
2Cases cited4 opinions
- Wolfinger v. BetzSupreme Court of Iowa · 1885
- Brenen v. NorthAppellate Division of the Supreme Court of the State of New York · 1896
- Naughton v. VionNew York Supreme Court · 1895
- Southard v. SmithSouth Dakota Supreme Court · 1896
3Cited by3 opinions
- Mach v. BlanchardSouth Dakota Supreme Court · 1902
- Nelson v. SuttonAppellate Court of Illinois · 1924
- Lee v. LuckasenNorth Dakota Supreme Court · 1925