Searles v. Lawrence

Citations

• 8 S.D. 11
• 65 N.W. 34
• 1895 S.D. LEXIS 3

Syllabus

<p>1. Where, on an application for leave to serve an answer after the statutory time for answering has expired, the party moving is required by the rules of the court in which the motion is made to serve with his notice of the motion an affidavit of merits and a copy of his proposed answer, if he fails to serve either the motion is properly denied.</p> <p>2. Whore a party applies for judgment under the first clause of Subdivision 1 of Sec. 5025, Comp. Laws, and the action is one arising on contract for the recovery of money only, and the complaint is duly sworn to, and the proof of personal service required by the section is made, and no answer has been received, the defendant, who has not answered, but has appeared, is not entitled to notice of such application.</p> <p>(Syllabus by the Court.</p>