Todd v. Todd

Citations

• 7 S.D. 174
• 63 N.W. 777
• 1895 S.D. LEXIS 53

Syllabus

<p>In January, 1893, the defendant failing to answer the complaint, a judgement was rendered in favor of plaintiff. In June the defendant made a motion to vacate and set aside the said judgment, which motion was taken under advisement bjr the court. On September 30th, the court, upon motion of the plaintiff, entered a judgment dismissing the action; aDd on December 26th the court granted the motion of defendant made in June, and set aside and vacated the January judgment, and in its order directed that the same be entered as of date of September 18th. Held, that the judgment dismissing the action was inoperative when made, but took effect upon the entry of the nunc pro tunc order of December 26th, and that the order of December 26th was a legal and valid order, and must be held as made on September 18th, prior to the dismissal of the action.</p> <p>(Syllabus by the Court.</p>