Yerkes v. McHenry
Supreme Court Of The Territory Of Dakota
APPEAL from the district court, Cass county; Hon. W. B. McConnell, Judge. This was an action by a mortgagee to recover possession of the mortgaged chattels, commenced the 9th day of June, 1883. The case was called for trial on the 11th day of December, 1884, and the defendant withdrew his answer, whereupon the plaintiff at that time took judgment according to the prayer of his complaint, being the ordinary judgment in claim aud delivery.
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APPEAL from the district court, Cass county; Hon. W. B. McConnell, Judge. This was an action by a mortgagee to recover possession of the mortgaged chattels, commenced the 9th day of June, 1883. The case was called for trial on the 11th day of December, 1884, and the defendant withdrew his answer, whereupon the plaintiff at that time took judgment according to the prayer of his complaint, being the ordinary judgment in claim aud delivery. On the 29th day of March, 1886, the defendant applied to the court to have the judgment opened and for leave to answer. The application was supported by…
1Opinion of the Court
By the Court :
The judgment in this case is reversed on the ground that the court erred in holding that the respondent could come into the district court after the expiration of one year, and have the judgment set aside and be permitted to defend — no such right existing at common law, and the right given by statute being limited to one year.
The cause is remanded with instructions to reinstate the former judgment entered herein.
All of the justices concur.
2Cited by3 opinions
- State ex rel. Wolferman v. Superior CourtWashington Supreme Court · 1894
- Judd v. PattonSouth Dakota Supreme Court · 1900
- Bon Homme County Bank v. BainbridgeSouth Dakota Supreme Court · 1924