Legal Opinion

McDonald v. Egan

South Dakota Supreme Court

Decided June 22, 1920No. File No. 4677PublishedCited by 5 opinions

Appeal from (Circuit Court, Minnehaha County. Hon. Louis L- FuJEGEr, Judge. Action by Charles S. McDonald, against George W. Egan. From an order denying defendant’s application to set aside default judgment, he appeals.

1Opinion of the CourtPolley, J.

This is an appeal from an order denying appellant’s application to set aside a judgment entered against him during his absence from court. The case was regularly on‘ the *148calendar for trial.- When it was reached for trial respondent presented his side of the case and judgment was entered. Immediately upon learning that judgment had been entered, appellant presented his application to set aside the judgment and be allowed to put in his defense.

The judgment was entered on Wednesday, the 19th day of November. -It was shown that appellant not only knew that the case was on the calendar for trial,…

2Cases cited3 opinions

  1. Hurle v. HurleSouth Dakota Supreme Court · 1920
  2. Kjetland v. PedersonSouth Dakota Supreme Court · 1905
  3. Kinkead v. MoriartySouth Dakota Supreme Court · 1912

3Cited by5 opinions

  1. Eby v. MisarSouth Dakota Supreme Court · 1984
  2. Elliott v. CartwrightSouth Dakota Supreme Court · 1998
  3. Sohn v. FlavinSouth Dakota Supreme Court · 1932
  4. First Federal Savings & Loan Ass'n v. StrubSouth Dakota Supreme Court · 1988
  5. First Federal Savings & Loan Ass'n v. StrubSouth Dakota Supreme Court · 1988

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