Meade County Bank of Sturgis v. Decker

Citations

• 19 S.D. 128
• 102 N.W. 597
• 1905 S.D. LEXIS 11

Syllabus

<p>While the provisions of the Code conferring upon trial courts power to vacate and set aside default judgments, and allowing parties to defend upon the merits, where, by mistake, inadvertence,' surprise, or excusable neglect, they have omitted to file tlieir pleadings within time, should be . liberally construed, yet much must be left to the sound descretion of the trial court, and that discretion, when exercised, will not ordinarily be reviewed by an appellate court unless abused.</p>