James River Lodge, No. 32 I. O. O. F. v. Campbell

Citations

• 6 S.D. 157
• 60 N.W. 750
• 1894 S.D. LEXIS 138

Syllabus

<p>1. Suction /5411, Comp. Laws, which provides that a circuit judge may, on a proper showing of defense or counterclaim to a mortgage which is being foreclosed by advertisement, enjoin such proceedings to foreclose • and require that all further proceeding's be had in court, is remedial in Us nature.</p> <p>2. Having made such an order, the judge's power in the premises is not so exha,usted that he cannot vacate the same, the status of the parties being unchanged, when satisfied that the cause for making it no longer exists.</p> <p>(Syllabus by the court.</p>