Plano Mfg. Co. v. Murphy

Citations

• 16 S.D. 380
• 92 N.W. 1072
• 1902 S.D. LEXIS 125

Syllabus

<p>1. The agent of plaintiff in an action is not a “party” to the action, within Comp. Laws, § 4899, authorizing the service.of summons by the sheriff or any other person not a party to the action, and a service by such agent is therefore valid.</p> <p>2. Where a defendant suffered a default by reason of his belief that the service of summons made by plaintiff’s agent was invalid because not made by an officer, the default was the result of a mistake of law, and therefore not ground ■ for setting aside the judgment as procured through defendant’s mistake or excusable neglect.</p>