Todd v. Todd
South Dakota Supreme Court
Appeal from circuit court, Union county. Hon. E. G. Smith,' Judge. Action for divorce. From an order setting aside a default decree for plaintiff, the latter appeals. The facts are stated in the opinion. Where a judgment of dismissal is made improperly, the remedy of the opposite party is by appeal from that judgment. Higgins v. Mahoney, 50 Oal. 444; Pinkney v. Hagaman, 4 Lancing 474; Harris v. Clark, 10 How.
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Appeal from circuit court, Union county. Hon. E. G. Smith,' Judge. Action for divorce. From an order setting aside a default decree for plaintiff, the latter appeals. The facts are stated in the opinion. Where a judgment of dismissal is made improperly, the remedy of the opposite party is by appeal from that judgment. Higgins v. Mahoney, 50 Oal. 444; Pinkney v. Hagaman, 4 Lancing 474; Harris v. Clark, 10 How. Prac. 415. A “nunc pro tunc” order is admissible when the delay has arisen from the act of the court, and such order should be granted or refused as justice may require in view of the…
1Opinion of the CourtCorson, P. J.
This is an appeal from an order bearing date Pecember 26, 1893, vacating and setting aside a judgment and de? *175oree of divorce, and requiring the plaintiff to pay $150 as counsel fees and temporary alimony. In January, 1893, tbe court rendered a judgment in favor of the plaintiff, granting him a divorce from the defendant, the defendant not having appeared in the action. In June following, the defendant made a motion, upon affidavits filed and served, to vacate and set aside this judgment, and for leave to serve and file an answer, and for an order requiring the plaintiff to pay to defendant…
2Cases cited5 opinions
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- Mitchell v. OvermanSupreme Court of the United States · 1881
- Gray v. BrignardelloSupreme Court of the United States · 1864
- Greeley v. WinsorSouth Dakota Supreme Court · 1892
- Rudolph v. HermanSouth Dakota Supreme Court · 1893
3Cited by5 opinions
- Maroney v. TannehillSupreme Court of Oklahoma · 1923
- Western Union Telegraph Co. v. DismangCourt of Appeals for the Tenth Circuit · 1939
- In re Skelly's EstateSouth Dakota Supreme Court · 1907
- Cooke v. McQuatersSouth Dakota Supreme Court · 1905
- Harker v. CowieSouth Dakota Supreme Court · 1919