Searls v. Knapp

Citations

• 5 S.D. 325
• 58 N.W. 807
• 1894 S.D. LEXIS 64

Syllabus

<p>1. An averment in an answer that the cause of action set forth in the com-complaint did not accrue within six years of the commencment of this action; sufficiently pleads the statute of limitations, and, when established by competent evidence, the burden of proof is upon the plaintiff to relieve himself from its operation.</p> <p>2. A trial court will take judicial notice of all ’the necessary proceedings, pleadings and jurisdictional papers in a case when before it for determination, and the same need not, upon the trial, be introduced in evidence.</p> <p>3. When the judgment of a trial court is assailed on appeal, and the question of its validity must be settled by the adoption of a presumption, this court will entertain a presumption in favor of such judgment, instead of one that will overthrow the same; and when the date of the commencement of the action becomes material in order to sustain a judgment appealed from, and the record fails to disclose when the summons was served or the action commenced, this court will presume that the summons and return thereon were judicially noticed, and that the judgment was supported by such official knowledge.</p> <p>(Syllabus by the court.</p>