Bothell v. Hoellwarth
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Action to recover value of broker’s services. Defendants moved to vacate and set aside the judgment, the order of publication, and all proceedings had in the action. The motion was granted, and plaintiff appeals. The facts are stated in the opinion. The affidavit for publication of summons was sufficient. Comp.
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Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Action to recover value of broker’s services. Defendants moved to vacate and set aside the judgment, the order of publication, and all proceedings had in the action. The motion was granted, and plaintiff appeals. The facts are stated in the opinion. The affidavit for publication of summons was sufficient. Comp. Laws, § 4900, Subd. 3; Bank v. Jacobson, 8 S. D. 292; 66 N. W. 453; Davis v. Cook, 9 S. D. 319; 69 N. W. 18; Anderson v. Goff, 75 Calif. 213, 13 Pac. 73; Handley v. Quick, 47 How. Pr. 233. The affidavit was…
1Opinion of the CourtCorson, P. J.
This is an appeal from an order vacating and setting aside the judgment, the order of publication, and all proceedings had in the action. On November 6, 1896, the plaintiff issued a summons in the action, and caused a warrant of attachment to issue, under which property of the defendants in Minnehaha county was attached. On November 23rd the plaintiff presented to the circuit court an affidavit for an order *492for the publication of the summons, the material parts of which, for the purposes of this decision, are as follows: “I, A. 0. Bothell, being first duly sworn, do on oath depose and say…
2Cases cited4 opinions
- Ricketson v. RichardsonCalifornia Supreme Court · 1864
- Iowa State Savings Bank v. JacobsonSouth Dakota Supreme Court · 1896
- County of Yolo v. KnightCalifornia Supreme Court · 1886
- Davis v. CookSouth Dakota Supreme Court · 1896
3Cited by12 opinions
- Liebhant v. LawrenceUtah Supreme Court · 1911
- Coughran v. MarkleySouth Dakota Supreme Court · 1901
- Woods v. PollardSouth Dakota Supreme Court · 1900
- Simensen v. SimensenNorth Dakota Supreme Court · 1904
- Morse v. PicklerSouth Dakota Supreme Court · 1912
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