Cowie v. Harker
South Dakota Supreme Court
Appeal from Circuit Court, -Charles Mix County. Hon. Robert B. Tripp, Judge. Action by A. E. Cowie against Emma W. Harker and another, as executors of Joseph Harker, deceased, to determine adverse claims to realty. From an order vacating defendants’ default and permitting them to answer, plaintiff appeals.
Read the full summary
Appeal from Circuit Court, -Charles Mix County. Hon. Robert B. Tripp, Judge. Action by A. E. Cowie against Emma W. Harker and another, as executors of Joseph Harker, deceased, to determine adverse claims to realty. From an order vacating defendants’ default and permitting them to answer, plaintiff appeals. Defendant’s application to open up the default is untimely and too late, for the reasons (a) -that the record shows that more than one year had elapsed from the time defendant had notice of the judgment entered in this cause until he moved to vacate his default, and, (b) that defendant was…
1Opinion of the CourtGates, J.
This is an appeal from an order vacating a default and permitting defendant to answer. The order continued the judgment as security and muniment of title and provided that it “shall in no way whatever affect the rights of persons who may have acted' upon the faith of the judgment herein, though they may in law be plaintiff’s successors in interest.” Prior to considering the merits, we must dispose of respondent’s motion to dismiss the appeal.
[1] The order was signed January 29, 1912, and was served on plaintiff’s attorneys on that date but was not filed in the office of -the clerk of the…
2Cases cited5 opinions
- Searles v. ChristensenSouth Dakota Supreme Court · 1894
- Miller v. MunsonWisconsin Supreme Court · 1874
- First National Bank v. McCarthySouth Dakota Supreme Court · 1900
- Rosebud Lumber Co. v. SerrSouth Dakota Supreme Court · 1908
- Brooks v. BigelowSouth Dakota Supreme Court · 1896
3Cited by7 opinions
- Fuller v. AndersonSouth Dakota Supreme Court · 1926
- Barrett v. Oakley, SheriffWyoming Supreme Court · 1929
- McConnell v. MarguliesSouth Dakota Supreme Court · 1917
- Western Electric Co. v. DormanSouth Dakota Supreme Court · 1924
- Harker v. CowieSouth Dakota Supreme Court · 1919
2 more not listed; retrieve them via the Exa API.