Farrar v. Consolidated Apex Mining Co.

Citations

• 12 S.D. 237
• 80 N.W. 1079
• 1899 S.D. LEXIS 110

Syllabus

<p>Where the director of a company did not notify it of service of summons on him as its representative, and judgment was thereby obtained by default, such director and the company being unfriendly, and the company having prima facia a good defense to the action, and it being shown that the service could have been made on another director, the default will be sot aside, without positive proof of collusion between the plaintiff and the director on whom service was made.</p> <p>Fuller, J., dissenting.</p>