Olson v. Advance-Rumely Thresher Co.
South Dakota Supreme Court
Appeal from circuit court, Charles Mix County. Hon. Robert B. Tripp, Judge. ■ Action by Jacob Olson, against the Advanee-Rumely Thresher Company, a corporation. Rrom an order denying a motion to set aside a default judgment, 'defendant appeals. To point one of the opinion, Appellant cited: Searles v. Christensen, 5 S. D. 656; Baxter v. Chute, (Minn.) 52 N. W. 379; Note in Vol. 96 Am.
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Appeal from circuit court, Charles Mix County. Hon. Robert B. Tripp, Judge. ■ Action by Jacob Olson, against the Advanee-Rumely Thresher Company, a corporation. Rrom an order denying a motion to set aside a default judgment, 'defendant appeals. To point one of the opinion, Appellant cited: Searles v. Christensen, 5 S. D. 656; Baxter v. Chute, (Minn.) 52 N. W. 379; Note in Vol. 96 Am. St. Rep. 109. Respondent cited: Notes to 27 D. R. A. (N. S.) 8583 Babcock v. Brown, 25 Yt. 550; 60 Am, Dec. 290, 23 Cyc., p. 937, par. 2.
1Opinion of the CourtGates, J.
This cause was before us upon a former appeal, our decision being reported in Olson v. Advance-Rumely Thresher Co., 175 N. W. 192. Such former appeal was from an order refusing to vacate a judgment. Upon such appeal we sustained the lower court u.pon the ground that the showing made to the court upon the'motion to vacate was insufficient to support such motion, because from such showing it appeared that defendant’s default was the result of the .inexcusable negligence of its attorneys. Upon that appeal it was-urged that the negligence of the attorneys was imputable to defendant, but, while…
2Cases cited3 opinions
- Coffee v. HaynesCalifornia Supreme Court · 1899
- Olson v. Advance Rumely Thresher Co.South Dakota Supreme Court · 1920
- Olson v. Advance Rumely Thresher Co.South Dakota Supreme Court · 1919
3Cited by3 opinions
- Sander v. WrightSouth Dakota Supreme Court · 1986
- Smith v. WordemanSouth Dakota Supreme Court · 1932
- Sander v. WrightSouth Dakota Supreme Court · 1986