Adams v. Rathbun

Citations

• 14 S.D. 552
• 86 N.W. 629
• 1901 S.D. LEXIS 59

Syllabus

<p>Where the attorney for a nonresident defendant corporation formed a partnership with the attorney for the plaintiff, withdrew from the case, and engaged another attorney to conduct the defense, without the knowledege or consent of defendant or its resident agent, and so short a time before trial that such attorney was not able to acquaint himself with the facts, which were sufficient to constitute a meritorious defense, there was such surprise that defendant was entitled to a new trial.</p>