Lounsbery v. Erickson
South Dakota Supreme Court
Appeal from circuit court, Moody county. Hon. J. W. Jones, Judge. Action by H. J. Lounsbery against Peter Erickson. Prom an order opening a default judgment and granting defendant leave to answer, plaintiff appeals.
1Opinion of the CourtCorson, J.
This is an appeal from an order vacating and setting aside a default judgment and granting defendant leave to answer. The judgment was vacated and set aside upon the *376ground that the defendant failed to answer the complaint through his mistake, inadvertence, surprise, or excusable neglect. The order vacating and setting aside the judgment contained the following conditions: It is ordered that, upon the clerk’s costs being first repaid by the defendant, the judgment be and the saméis hereby set aside, and the defendant granted leave to answer said complaint. ” The clerk’s costs were paid to and…
2Cases cited3 opinions
- Smith v. ColemanWisconsin Supreme Court · 1890
- Cook v. McCombWisconsin Supreme Court · 1898
- Male v. HarlanSouth Dakota Supreme Court · 1900
3Cited by6 opinions
- White v. SpearsDistrict Court of Appeal of Florida · 1960
- Pennock v. PennockSouth Dakota Supreme Court · 1984
- Silvius v. BrunsvoldSouth Dakota Supreme Court · 1913
- Eckerly v. LAKE REGION SIGN COMPANYSupreme Court of Minnesota · 1967
- Colvin v. GoldenbergSupreme Court of Rhode Island · 1966
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