G. S. Congdon Hardware Co. v. Consolidated Apex Mining Co.

Citations

• 11 S.D. 376
• 77 N.W. 1022
• 1899 S.D. LEXIS 2

Syllabus

<p>1. A summons was served on a director of a corporation, who neglected to notify the company’s managing officei’s or attorneys until after judgment by default had been entered, and they had no knowledge of the suit. The verified answer presented showed a defense to a part of the claim. Held, that the court’s failure to open the default and permit defendant to answer was an abuse of its discretion.</p> <p>2. Sufficiency of defense cannot properly be determined on motion to open a default judgment.</p> <p>Puller, j., dissenting.</p>