Dunham v. First National Bank in Sioux Falls

WOLLMAN, Judge.

This is an appeal from an order dismissing the complaint in an action brought by L. T. Dunham (Dunham) against the First National Bank in Sioux Falls (bank) for relief from a judgment secured more than one year prior to the commencement of the action. For the purposes of reviewing the trial court's ruling on the bank's motion to dismiss, we must assume that all facts properly pleaded in Dunham's complaint are true. Akron Savings Bank v. Charlson, 83 S.D. 251, 158 N.W.2d 523.

In the summer of 1969, Kaiser Enterprises, Inc., was engaged in a manufacturing venture at or near…