Connor v. Knott

Citations

• 10 S.D. 384
• 73 N.W. 264
• 1897 S.D. LEXIS 79

Syllabus

<p>1. After a judgment of dismissal of an action, the court has not jurisdiction, without a motion to vacate or modify the same, to enter a second judgment of dismissal, imposing conditions on the right to commence a new action.</p> <p>Where a judgment for plaintiff has been reversed, and the case remanded for new trial, defendant cannot, without notice to plaintiff, have a judgment dismissing the action, and imposing conditions on the right to commence a new action.</p>