Coughran v. Markley
South Dakota Supreme Court
Appeal from circuit court, Lincoln county. Hon. Joseph W. Jones, Judge. Action by K. W. Coughran against Michael M. Maride}' and wife to determine conflicting claims to realty. There was a judgment in favor of the plaintiff, and a motion by defendants to set it aside. From an order denying the motion, defendants appeal. The affidavit upon which the order for publication of the summons in this case was made was'insufficient to confer .jurisdiction.
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Appeal from circuit court, Lincoln county. Hon. Joseph W. Jones, Judge. Action by K. W. Coughran against Michael M. Maride}' and wife to determine conflicting claims to realty. There was a judgment in favor of the plaintiff, and a motion by defendants to set it aside. From an order denying the motion, defendants appeal. The affidavit upon which the order for publication of the summons in this case was made was'insufficient to confer .jurisdiction. Boethal v. Hoellwarth, 74 N. W. 231; Beach v. Beach, 43 N. W. 701; Richardson v. Richardson, 26 Cal. 153; Yolo Co. v. Knight, 11 Pac. 662; Swain v.…
1Opinion of the CourtHanRy, J.
In this action to determine conflicting claims to certain realty, the summons was served by publication, defendants did not appear, and judgment was rendered in favor of the plaintiff. Eight years later defendants moved to have the judgment set aside on the ground that it was rendered without jurisdiction, the motion was denied, and they appealed. The order directing service by publication was based upon the following affidavit, to which was attached, as a part thereof, a copy of the complaint: “C. O. Bailey, being first duly sworn, says: That he is one of the attorneys for the plaintiff in…
2Cases cited6 opinions
- Ricketson v. RichardsonCalifornia Supreme Court · 1864
- Woods v. PollardSouth Dakota Supreme Court · 1900
- Bothell v. HoellwarthSouth Dakota Supreme Court · 1898
- Davis v. CookSouth Dakota Supreme Court · 1896
- Plummer v. BairSouth Dakota Supreme Court · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Szczesny v. VasquezNew Jersey Superior Court Appellate Division · 1962
- Davis v. KresslySouth Dakota Supreme Court · 1961
- Benito Quintana v. J. W. Holland, District Director, Immigration & Naturalization Service, Philadelphia, PaCourt of Appeals for the Third Circuit · 1958
- Flicker v. ChenitzNew Jersey Superior Court Appellate Division · 1959
- Pillsbury v. StreeterNorth Dakota Supreme Court · 1906
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