Sundback v. Griffith

Citations

• 7 S.D. 109
• 63 N.W. 544
• 1895 S.D. LEXIS 44

Syllabus

<p>1. Where an action was commenced by a relief summons notifying the de- - fendant that, unless he appeared and answered, plaintiff would apply to the court for the relief demanded in the complaint, and the complaint which was served with the summons set out that the notes sued upon were given by defendant for property obtained by him under false pretenses, and demanded judgment for the amount appearing to be due on the notes, that the debt was incurred for property obtained by defendant under false pretenses, and judgment in such form was duly given by the courti held, that it was not error in the trial court to refuse to strike out from such judgment the adjudication; that the debt was incurred for property obtained by defendant under false pretenses, upon the motion and affidavit of defendant denying the allegation of false pretenses; and that he did not defend because he did not know that such a judgment would deprive him of the right to claim additional exemptions.</p> <p>2, Section 4, Art. 21, of the Constitutipp, declaring' the right of the debtor to enjoy the comforts and necessaries of life, and exempting from forced saje a homestead and a reasonable amount of personal property, did not repeal or supersede section 5139, Comp. Laws, refusing the right to additional exemptions as against a debt incurred for property obtained under false pretenses, or to contracts made prior to the adoption of the constitution.</p> <p>(Syllabus by the Court.</p>