Stoddard Manuf'g Co. v. Mattice
South Dakota Supreme Court
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
- Drake v. DuvenickCalifornia Supreme Court · 1873
- McKernan v. . RobinsonNew York Court of Appeals · 1881
- White v. . BogartNew York Court of Appeals · 1878
- Boker v. ChaplineSupreme Court of Iowa · 1861
- Church v. Van BurenNew York Supreme Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Osborne v. LindstromNorth Dakota Supreme Court · 1899
- American Agricultural Chemical Co. v. ThomasSupreme Court of South Carolina · 1945
- Hoffman v. Pack, Woods & Co.Michigan Supreme Court · 1900
- Phillips v. Branch Mint Min. & Mill Co.South Dakota Supreme Court · 1911
- Stearns v. WrightSouth Dakota Supreme Court · 1900
2 more not listed; retrieve them via the Exa API.