Foster v. Charles Betcher Lumber Co.
South Dakota Supreme Court
Appeal from circuit court, Grant county. Hon. J. 0. Andrews, Judge. Action by N. G. Foster against the Charles Betcher Lumber Company. There was judgment for plaintiff by default, and, from an order denying motion to set aside the same, defendant appeals. The facts so far as material are stated in the opinion.
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Appeal from circuit court, Grant county. Hon. J. 0. Andrews, Judge. Action by N. G. Foster against the Charles Betcher Lumber Company. There was judgment for plaintiff by default, and, from an order denying motion to set aside the same, defendant appeals. The facts so far as material are stated in the opinion. The court never acquired jurisdiction of the person of the appellant for the reason that it being a foreign corporation service of the process was not personally made upon the president, treasurer, secretary or duly authorized agent thereof. Appellant had never filed its articles of…
1Opinion of the CourtCorson, P. J.
This is an appeal from an order denying the motion of the appellant to vacate and set aside a judgment rendered in favor of the respondent by default, the appellant not having appeared in the action. The summons and complaint were served upon A. J. Fairchild, at Milbank, in Grant county, in this state, and upon Albert Wildborg, at Big Stone City, in said county. The sheriff, in his amended return, states that he duly served the summons and complaint upon the persons, above named, who were the managing agents of said defendant. The appellant assigns as error that the court erred in denying…
2Cases cited10 opinions
- St. Clair v. CoxSupreme Court of the United States · 1882
- Pringle v. . WoolworthNew York Court of Appeals · 1882
- Pope v. Terre Haute Car & Manufacturing Co.New York Court of Appeals · 1881
- Thomas v. Placerville Gold Quartz Mining Co.California Supreme Court · 1884
- Wright v. LeeSouth Dakota Supreme Court · 1893
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3Cited by16 opinions
- Denver & R. G. R. v. RodderCourt of Appeals for the Ninth Circuit · 1900
- Brown v. Chicago, Milwaukee & St. Path Railway Co.North Dakota Supreme Court · 1903
- Bankers' Surety Co. v. Town of HollyCourt of Appeals for the Eighth Circuit · 1915
- Mars v. Oro Fino Min. Co.South Dakota Supreme Court · 1895
- Uhlich v. Hilton Mobile HomesSouth Dakota Supreme Court · 1964
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