Pettigrew v. City of Sioux Falls

Citations

• 5 S.D. 646
• 60 N.W. 27

Syllabus

<p>1. To justify a court in setting aside a judgment on tbe ground of mistake, inadvertence, or excusable neglect, under section 4939, Comp. Laws, two things must appear, to-wit, the mistake, inadvertence, or excusable neglect, and a probable meritorious defense on the part of the defendant asking such relief.</p> <p>2. An order, in an application under that section, refusing to set aside a judgment entered upon a written stipulation of the parties, will not be reversed where the records presents neither the answer of defendant, nor suggests its contents, nor contains an affidavit of merits.</p> <p>3. An affidavit of merits by an attorney must show that he is acquainted with the facts in the case.</p> <p>(Syllabus by the Court.</p>