Iowa State Savings Bank v. Jacobson
South Dakota Supreme Court
Appeal from circuit court, Davison county, Hon. D. Haney, Judge. Action upon a promissory note. There was a judgment for plaintiff, and from an order denying a motion to vacate the same defendant appeals. The facts are stated in the opinion.
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Appeal from circuit court, Davison county, Hon. D. Haney, Judge. Action upon a promissory note. There was a judgment for plaintiff, and from an order denying a motion to vacate the same defendant appeals. The facts are stated in the opinion. The affidavit and order for publication of summons, the first publication of summons and the mailing of copies of summons and complaint being made prior to the date of levy upon, any of defendant’s property, he being a non-resident and having made no appearance, did not give the court jurisdiction. Pennoyer v. Neff, 95' U. S. 714; Freeman v. Addison, 7…
1Opinion of the CourtFuller, J.
This appeal is by the defendant from an order overruling a motion to vacate and set aside a judgment rendered in the above entitled action upon his promissory note, together with all proceedings had therein before and since said judgment was entered. The substantive facts and proceedings, briefly stated, are as follows: A summons was issued by respondent’s attorney, and placed in the hands of the sheriff with the direction that the same be personally served. In his return, dated December 23, 1891, said officer stated that he could not find the defendant in this state, and that he verily…
2Cases cited5 opinions
- Anderson v. GoffCalifornia Supreme Court · 1887
- Kirby v. Superior CourtCalifornia Supreme Court · 1886
- Low v. HenryCalifornia Supreme Court · 1858
- Territory v. TaylorSupreme Court Of The Territory Of Dakota · 1877
- Clelland v. PeopleSupreme Court of Colorado · 1878
3Cited by15 opinions
- Cantor v. SachsCourt of Chancery of Delaware · 1932
- Mundo v. FústerSupreme Court of Puerto Rico · 1963
- Woods v. PollardSouth Dakota Supreme Court · 1900
- Bothell v. HoellwarthSouth Dakota Supreme Court · 1898
- Hartzell v. VigenNorth Dakota Supreme Court · 1896
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