Legal Opinion

Allen v. Richardson

South Dakota Supreme Court

Decided December 31, 1902PublishedCited by 3 opinions

Appeal from circuit court, Spink county. Hon. A. W. Campbell,. Judge. Action by B. M. Allen against Alfred G-. Richardson. From an order, defendant appeals.

1Opinion of the CourtCorson, J.

This is an appeal from an order denying the defendant’s motion to vacate and set aside the judgment in this case, the default entered therein, and the service of the summons in the same. The motion was made upon the following grounds: “First, that no order for the publication of summons, or copy thereof, was served with the summons; second, that no affidavit, on which the said order for publication was based, or copy thereof, was served with the summons; third, that said affidavit and order for publication of summons were not filed with the clerk of said court until the date judgment was…

2Cases cited3 opinions

  1. Woods v. PollardSouth Dakota Supreme Court · 1900
  2. Bothell v. HoellwarthSouth Dakota Supreme Court · 1898
  3. Cochran v. GermainSouth Dakota Supreme Court · 1901

3Cited by3 opinions

  1. Pillsbury v. StreeterNorth Dakota Supreme Court · 1906
  2. Bullard v. Superior CourtCalifornia Court of Appeal · 1930
  3. Carroll v. FowlerSouth Dakota Supreme Court · 1914

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