Val Blatz Brewing Co. v. Dalrymple

Citations

• 18 S.D. 97
• 99 N.W. 851
• 1904 S.D. LEXIS 26

Syllabus

<p>1. Where a referee in mortgage foreclosure resided in the judicial circuit in which the action was pending, as required by Code Civ. Proc. $ 283, at the time of his appointment, his removal from the state after the trial of the case, and before he made his report and findings, did not affect the jurisdiction of the circuit court to enter judgment of foreclosure.</p> <p>2. Conceding that the act of a referee in an action to foreclose a mortgage, in making his findings and report after his removal from the state, con- - stituted an irregularity for which the report might have been set aside, yet, where no exception to the report was taken and no motion was made to vacate the same on that ground before the entry of judgment, the irregularity was waived, and the judgment was not subject to be set aside for that reason.</p> <p>3; A stipulation in an action to foreclose a mortgage that the sale' may be confirmed constitutes a formal waiver of any irregularity in the act of the referee in failing to file his findings and report until after his removal from the state.</p>