Dewey v. Feiler

Citations

• 11 S.D. 632
• 80 N.W. 130
• 1899 S.D. LEXIS 59

Syllabus

<p>A justice’s docket recited commencement-of action for services of attorney, appearance of defendant at the hour set for trial, proof of service on him, a waiting for 1{- hours for plaintiff, his failure to appear, the swearing'of defendant, who demanded a judgment of costs and ■ attorney’s fees, and an adjudication that defendant recover a certain sum as costs in the action, and have execution thereon. Held, that there was no judgment on the merits, barring another action by plaintiff.</p>