Legal Opinion

Stoddard Manuf'g Co. v. Mattice

South Dakota Supreme Court

Decided November 9, 1897PublishedCited by 7 opinions

Appeal from circuit court, Roberts county.. Hon. J. O. Andrews, Judge. Action on a default judgment. Plaintiff had judgment, from which, and from an order denying his motion for a new trial, defendant appeals. The facts are stated in the opinion.

1Opinion of the CourtFuller, J.

This action, based upon a default judgment of $568.05, entered on the 30th day of May, 1885, in favor of the plaintiff and against the defendant in a cause'pending in the territorial district court, resulted in a judgment for plaintiff, from which, and an order overruling a motion for a new trial, the defendant appeals.

*254The action was commenced without leave of the court as required by Section 4831 of the Compiled Laws, and the first assignment of error relates to a ntmc pro tunc order entered by the trial court after issue wras joined, granting respondent leave to sue as of a date prior to…

2Cases cited6 opinions

  1. Drake v. DuvenickCalifornia Supreme Court · 1873
  2. McKernan v. . RobinsonNew York Court of Appeals · 1881
  3. White v. . BogartNew York Court of Appeals · 1878
  4. Boker v. ChaplineSupreme Court of Iowa · 1861
  5. Church v. Van BurenNew York Supreme Court · 1877

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Osborne v. LindstromNorth Dakota Supreme Court · 1899
  2. American Agricultural Chemical Co. v. ThomasSupreme Court of South Carolina · 1945
  3. Hoffman v. Pack, Woods & Co.Michigan Supreme Court · 1900
  4. Phillips v. Branch Mint Min. & Mill Co.South Dakota Supreme Court · 1911
  5. Stearns v. WrightSouth Dakota Supreme Court · 1900

2 more not listed; retrieve them via the Exa API.

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