Dyksterhouse v. Parrot

In this action for damages growing out of a personal injury, a substituted service of summons and complaint, void for noncompliance with SDC 1960 Supp. 33.0808, was attempted before the applicable statute of limitations had run. After the elapse of the statute, defendant filed a voluntary appearance, demanded, and through stipulation received a change of venue, and interposed an answer pleading the bar of the statute. That issue was tried to the court. Plaintiff advanced the theory that the voluntary general appearance of defendant should relate back to the attempted substituted service and…