Judd v. Patton

Citations

• 13 S.D. 648
• 84 N.W. 199
• 1900 S.D. LEXIS 200

Syllabus

<p>1. Under Comp. Laws, § 4939. authorizing- the trial court within one year after notice to relieve a party from a judgment taken against him through his excusable neglect, a purchaser of an interest which is the subject of a pending suit cannot have the judgment obtained therein vacated on an application presented a year and a half after the judgment, where he fails to give a valid excuse for his delay in informing himself-as to the result of the suit, and does not show when he obtained notice of the judgment.</p> <p>2. A petitioner seeking to vacate a judgment must present an affidavit of merits.</p>