Edmonds v. Riley
South Dakota Supreme Court
Appeal from Rawrence county court. Hon. Frank Washabaugh, Judge. Action by James F. Edmonds against Peter C. Riley. Judgment for defendant, and plaintiff appeals. A judgment cannot be entered nunc pro tunc, unless supported by record evidence; that is such a record as will be recognized by the court, and cannot rest in parole. Black on Judgments, Sec. 135; Hegeler v. Henckell, 27 Cal. 491; Draughan v. Bank, 18 Am.-Dec. 38; Hudson v. Hudson, 56 Am.
Read the full summary
Appeal from Rawrence county court. Hon. Frank Washabaugh, Judge. Action by James F. Edmonds against Peter C. Riley. Judgment for defendant, and plaintiff appeals. A judgment cannot be entered nunc pro tunc, unless supported by record evidence; that is such a record as will be recognized by the court, and cannot rest in parole. Black on Judgments, Sec. 135; Hegeler v. Henckell, 27 Cal. 491; Draughan v. Bank, 18 Am.-Dec. 38; Hudson v. Hudson, 56 Am. Dec. 200; Metcalf v. Metcalf, 54 Am. Dec. 190; Raymond v. Smith, 71 Am. Dec. 458;' Rudlow v. Johnson, 17 Am. Dec. 609; Gibson v. Chouteau, 100 Am.…
1Opinion of the CourtCorson, J.
This is an appeal by the plaintiff from a judgment entered in favor of the defendant in July, 1899, and from an order denying a new trial. In the spring of 1892 the plaintiff commenced this action in the county court of Rawrence county to recover of the defendant the amount claimed to be due upon a promissory note executed to him. On the 5th day of May a judgment by default was entered in favor of the plaintiff and against the defendant for the amount claimed to be due. Two days thereafter, on May 7th, the court, upon application of the defendant, set aside the default and granted the…
2Cases cited2 opinions
- Baxter v. O'LearySouth Dakota Supreme Court · 1897
- Pitts Agricultural Works v. BakerSouth Dakota Supreme Court · 1898
3Cited by7 opinions
- Tingle v. Dade County Board of County Com'rsSupreme Court of Florida · 1971
- Bruegger v. CartierNorth Dakota Supreme Court · 1910
- Company A, First Regiment North Dakota National Guard Training School v. StateNorth Dakota Supreme Court · 1927
- Industrial Loan & Thrift Corp. v. BensonSupreme Court of Minnesota · 1945
- City of Clinton Ex Rel. Richardson v. KeenSupreme Court of Oklahoma · 1943
2 more not listed; retrieve them via the Exa API.