Brooks v. Bigelow
South Dakota Supreme Court
Appeal from circuit court, Day county. Hon. A. W. Campbell, Judge. Action by Brooks Bros, against E. W. Bigelow. From an order overruling a motion to vacate a default judgment, defendant appeals. The facts are stated in the opinion.
1Opinion of the CourtFuller, J.
On the 16th day of October, 1894, an order overruling a motion to vacate and set aside a default judgment was obtained in circuit court, and though not filed and entered as a record of said court until the 5th day of April, 1895, due service thereof was regularly admitted by counsel for both parties to the>action on the first day of February immediately preceding. At the time the order under consideration was granted counsel for appellant received the same, and retained actual possession thereof for more than three months. As nothing was done towards taking an appeal from said order until the…
2Cases cited1 opinion
- Opening of Gold Street v. NewtonSupreme Court Of The Territory Of Dakota · 1878
3Cited by6 opinions
- Braun v. Thuet Bros.South Dakota Supreme Court · 1919
- Grieves v. DanaherSouth Dakota Supreme Court · 1932
- National Surety Co. v. CranmerSouth Dakota Supreme Court · 1911
- Cowie v. HarkerSouth Dakota Supreme Court · 1913
- Keogh v. SnowNorth Dakota Supreme Court · 1900
1 more not listed; retrieve them via the Exa API.