Seubert v. Seubert

This action is a sequel to Seubert et al. v. Seubert et al., 68 S. D. 159, 299 N. W. 873. Andrew Seubert, the defendant in the prior action, together with other parties, the propriety of whose appearance need not be determined, are now seeking to have the judgment rendered against Andrew and which was affirmed in the prior action, annulled and set aside. The trial court sustained a motion to dismiss the plaintiffs’ complaint and plaintiffs have appealed. So far as here material, the complaint alleges in substance that the judgment in the prior action was obtained only because of the false and…