Mach v. Blanchard

Citations

• 15 S.D. 432
• 58 L.R.A. 811
• 90 N.W. 1042
• 1902 S.D. LEXIS 51

Syllabus

<p>1. A judgment by default, though erroneous in granting more relief than was demanded, is not -void, and cannot be attacked in collateral proceedings.</p> <p>2. Under Comp. Laws, § 5343, providing that an action is deemed pending from the time of its commencement until its final determination on appeal, or until the time for appeal has passed, unless the judgment be sooner satisfied, the opening of an erroneous, but valid, judgment, on which the mortgagor’s title rested, and the dismissal of the action subsequent to the execution of the mortgage, nullifies the mortgage.</p> <p>Coeson, J., dissenting.</p>