Perrott v. Owen

Citations

• 7 S.D. 454
• 64 N.W. 526
• 1895 S.D. LEXIS 98

Syllabus

<p>1. Where the law affords a plain, speedy, and adequate remedy, certiorari will not lie.</p> <p>2: Appeals from inferior tribunals are, in law, 'regarded with favor; and the statute makes no distinction, as to'the right of appeal, between parties who have suffered judgment by default in justice court and those who have appeared in the action.</p> <p>3. Section 6129 of the Compiled Laws authorizes a party against whom a justice of the peace has rendered judgment by default to appeal therefrom.</p> <p>4. Under section 6065, Comp. Laws, a justice of the peace may vacate and set aside a judgment by default taken against a party by mistake, surprise, inadvertence, or excusable neglect.</p> <p>(Syllabus by the Court.</p>