Brettell v. Deffebach
South Dakota Supreme Court
• Appeal from circuit court, Lawrence county. Hon. Chas. M. Thomas, Judge. Action- involving the right of possession of certain mining property. From an order setting aside a judgment obtained therein by default plaintiff appeals. The facts are stated in the opinion. An application to set aside a judgment cannot be made by a stranger to the record.
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• Appeal from circuit court, Lawrence county. Hon. Chas. M. Thomas, Judge. Action- involving the right of possession of certain mining property. From an order setting aside a judgment obtained therein by default plaintiff appeals. The facts are stated in the opinion. An application to set aside a judgment cannot be made by a stranger to the record. Freeman Judg. §91; Seyniour v. Board, 40 Wis. 62; Gere v. Gundlack, 57 Barb. 15. Before a third party can come into a suit he must show such an interest in the subject matter as will entitle him to be heard either by an affidavit of merit or…
1ConcurrenceKellam, J.
I agree with the conclusion, and in the main with the views, expressed in the opinion of Judge Fuller; it being understood throughout that defendant King never appeared in any manner; and that respondent’s appearance was expressly limited to the specific purpose of the motions hereinafter noticed. ' Judge Corson thinks the decision ought to be put upon the ground of surprise to Milliken in the entering of the judgment while he had a motion pending to set aside the summons and dismiss the action, and not upon the ground that there was no adequate proof of service of the summons. To me there…
2Cases cited6 opinions
- Mok v. Detroit Building & Savings Ass'n No. 4Michigan Supreme Court · 1875
- Filkins v. O'SullivanIllinois Supreme Court · 1875
- Boykin v. EdwardsSupreme Court of Alabama · 1852
- Lamb v. RossSupreme Court of Iowa · 1892
- Dyson v. BakerMississippi Supreme Court · 1876
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