Stoddard Manuf'g Co. v. Mattice

Citations

• 10 S.D. 253
• 72 N.W. 891
• 1897 S.D. LEXIS 50

Syllabus

<p>1. Where defendant loses no substantial right thereby, and such order would have been made if regularly applied for, the court may, m its discretion, and upon giving proper notice, even after suit has been commenced, grant plaintiif the right to sue required by Comp. Laws, § 4831, which provides that no action shall be maintained on a judgment without leave of the court being' first obtained.</p> <p>2. Where the judgment recited that the summons had been personally served on defendant, and his acknowledgment of such service was indorsed thereon, it sufficiently appears that the service was properly made, though the acknowledgment failed to state the place of service.</p> <p>3. On collateral attack it will be presumed that a court of general jurisdiction, rendering a judgment, obtained jurisdiction by a summons served within its jurisdictional limits.</p> <p>4. A denial, on information and belief, that plaintiif is a corporation, is not sufficient to put in issue the question of plaintiff’s corporate existence, under Comp. Laws, § 2908, providing that it shall not be necessary to prove such corporate existence on the trial of a cause, “unless the defendant shall in his answer expressly aver that the plaintiff * * * is not a corporation.”</p>