Straub v. Lyman Land & Investment Co.
South Dakota Supreme Court
Appeal from Circuit Court, Ryman County. Hon. Wiiaiam WiKUamson, Judge. Application for an order to show cause why a default judgment should not be vacated and leave granted to defendant to answer, after such judgment has been affirmed on appeal (30 SD. 310, 138 N. W. 957; 31 S. D. 571, 141 N. W. 979). The power of the court to open or set aside a judgment is a common law power, inherent in all courts of general jurisdiction, and may be exercised without grant of special…
Read the full summary
Appeal from Circuit Court, Ryman County. Hon. Wiiaiam WiKUamson, Judge. Application for an order to show cause why a default judgment should not be vacated and leave granted to defendant to answer, after such judgment has been affirmed on appeal (30 SD. 310, 138 N. W. 957; 31 S. D. 571, 141 N. W. 979). The power of the court to open or set aside a judgment is a common law power, inherent in all courts of general jurisdiction, and may be exercised without grant of special statutory authority. 23 Cyc. 889-91; 1 Black on Judgments, Sec. 297-8. This court, having the record of this case before it…
1Opinion of the CourtSmith, J.
The original opinion in this case will be found in 30 S. D. 310, 138 N. W. 957, and on rehearing in 31 S. D. 571, 141 N. W. 979, where the facts are fully stated. This court having held the service of the summons valid and affirmed the judgment on default, appellant on May 31, 1913, made application to this court for an order to show cause w'hy the default in circuit court should not be vacated and leave granted defendant to answer and defend in the action, which order was returnable on June 17, 1913. We have considered this application with some care, in view of the somewhat unusual…
2Cases cited4 opinions
- Straub v. Lyman Land & Investment Co.South Dakota Supreme Court · 1913
- Garlock v. CalkinsSouth Dakota Supreme Court · 1900
- Straub v. Lyman Land & Investment Co.South Dakota Supreme Court · 1912
- Wolfley v. HughesArizona Supreme Court · 1903
3Cited by2 opinions
- Mitchell v. MorganSouth Dakota Supreme Court · 1921
- Tappan v. OverlessSouth Dakota Supreme Court · 1947