Central Lumber Co. v. Braun
South Dakota Supreme Court
Appeal from Circuit Court, Edmunds County. Hon. Joseph H. Bottom, Judge. Action 'by the Central Lumber Company, a corporation, against Hienry Braun, the Loyalton State Bank and another, to- recover for building material and for foreclosure of a mechanic’s lien. From an order setting aside a default judgment and permitting the two last-named defendants. to come in and defend, plaintiff appeals.
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Appeal from Circuit Court, Edmunds County. Hon. Joseph H. Bottom, Judge. Action 'by the Central Lumber Company, a corporation, against Hienry Braun, the Loyalton State Bank and another, to- recover for building material and for foreclosure of a mechanic’s lien. From an order setting aside a default judgment and permitting the two last-named defendants. to come in and defend, plaintiff appeals. (1) Under point one of the opinion, Appellant cited; Black on Judgments (2nd Ed.) Sec. 325; Denton v. Noyes (N. Y.) 5 Am. Dec. 237; Bunton v. Lyford, 37 N. H. 512, 75 Am. Dec. 144; 15 Ency. PI. & Pr.…
1Opinion of the CourtPolley, J.
This is an appeal from an order setting- aside a judgment and permitting certain of the defendants to come in and defend. The action was brought to recover a balance of $625.29 claimed to be due for building material used in the construction of certain buildings, owned by defendants Braun and the Loyalton State Bank, in the town of Loyalton, and to foreclose a mechanic’s lien that had been filed against said buildings and the ground upon which they stood.
The summons ,and complaint were served on the three defendants, respectively, on the 27th, 28th, and 29th days of March, 1913. On the 24th…
2Cited by2 opinions
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