City of Ft. Pierre v. Hall

Citations

• 19 S.D. 663
• 104 N.W. 470
• 1905 S.D. LEXIS 95

Syllabus

<p>1. A city could not obtain equitable relief against a default judgment entered on warrants, one of which, was, by 'mistake of law, drawn on the wrong fund for an amount indefinitely excessive, and the other of which had not matured when the judgment was entered, where the defenses against the enforcement of such warrants were matters of public record, and the city officials had, for five years before seeking relief against such judgments, ample means of access to such records, although they claimed .that it was a “difficult matter” to locate the papers relating to the issuance of the warrants.</p> <p>2. Where mistake, fraud, or ignorance of facts is relied upon as ground for equitable relief against a judgment, and delay in seeking such relief is attempted to be excused, the complaint must show that plaintiff has not slumbered on his rights, and that the remedy has been invoked within a reasonable time after a discovery of the facts has or should have been made.</p> <p>3. Where a person seeks to enjoin a judgment at law, the specific grounds upon which his equity rests must be distinctly set forth and it is-indispensable that the complaint show upon its face-that the judgment assailed was not rendered by reason of his own negligence in not making the necessary defense.</p> <p>4. In a suit by a city to enjoin a judgment on warrants, where one of the warrants was confessedly valid, and the payee named in the other had constructed a sidewalk, for which he was entitled- to a warrant on a fund created by special assessment, against city prop^ erty, the failure of the city to tender the just amount due, or the warrant to which defendant was confessedly entitled, violates the ' maxim that one who seeks equity must do equity.</p>