J. I. Case Threshing Mach. Co. v. Pederson
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action on a judgment. From a judgment for plaintiff, defendants appeal. The facts are stated in the opinion.
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Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action on a judgment. From a judgment for plaintiff, defendants appeal. The facts are stated in the opinion. A judgment may be attacked directly by setting up in answer that the matter in controversy had,,already been reduced to judgment. 2 Black Judg. 972; Clarke v. Little, 41 la. 497; Fergason v. Crawford, 70 N. Y. 253. Wheu the existence and validity of a judgment is put in issue and judicially determined, such determination is conclusive in any suit between the same parties. White v. Coats-worth, 6 N. Y. 134; Daty…
1Opinion of the CourtFuller, J.
In an action entitled .“Jerome I. Case, Stephen Bul], Massena B. Erskin, and Robert H. Baker, Co-*142partners in Business under the Name and Style of J. I. Case & Co., v. Martin Pederson, Lars Pederson, and K. S. Pederson,” pending in the district court of Minnehaha county, a judgment by default upon certain promissory notes was rendered in plaintiffs favor, and against the defendants, for $642.42; and the same was docketed and became a record of said court on the 8th day of December, 1881, and this action by respondent, a corporation, and alleged assignee of said notes and judgment, is…
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