Legal Opinion

Gubele v. Methodist Deaconess Hospital

South Dakota Supreme Court

Decided April 13, 1929No. File No. 6643PublishedCited by 2 opinions

1Opinion of the CourtBrown, J.

This action was commenced by service of a relief summons by delivery of a copy thereof to C. J. Semans, secretary and a trustee of defendant hospital, on August 26, 1927. 'Defendant failed to answer, and judgment by default was entered against it on November 5. On November 26 defendant made a motion to set aside the default and for leave to answer, and from the order denying the motion it appeals. No complaint was served with the summons.

The affidavit of C. J. Seamans set forth that appellant is a charitable institution conducted as a public hospital under the management of the 'Women’s Home…

2Cases cited2 opinions

  1. Griswold Linseed Oil Co. v. LeeSouth Dakota Supreme Court · 1891
  2. W. B. Foshay Co. v. Springfield Light & Power Co.South Dakota Supreme Court · 1925

3Cited by2 opinions

  1. Gunvordahl v. KnightSouth Dakota Supreme Court · 1951
  2. Badger Northland, Inc. v. Van Der BoomSouth Dakota Supreme Court · 1975

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