Richards v. Modern Woodmen of America
South Dakota Supreme Court
Appeal from circuit court, Edmunds county, Hon. Coring E. GaEEy, Judge. Action on a life policy by Margaret Richards and others against the Modern Woodmen of America. From an order vacating a default judgment entered in favor of plaintiffs, thejr appeal.
1Opinion of the CourtCorson, J.
This is an appeal from an order vacating and setting aside a judgment entered by default. The action was upon a policy of insurance issued by the defendant company. A motion was made to vacate the judgment mainly upon the ground that prior to the entering of .the judgment the defendant had filed its petition and bond for the removal of the case to the United States circuit court, and that the state court, therefore, was without juris diction to enter the judgment. It appears from the affidavit made upon the motion for a vacation of the judgment that the summons in the action was served upon…
2Cases cited3 opinions
- Roberts v. Chicago, St. Paul, Minneapolis & Omaha Ry. Co.Supreme Court of Minnesota · 1892
- Texas & Pacific Railway Co. v. BloomTexas Supreme Court · 1892
- North American Loan & Trust Co. v. Colonial & U. S. Mortg. Co.South Dakota Supreme Court · 1893