GIFFORD v. BOWLING

No. 10883.

200 N.W.2d 379 (1972)

Willis GIFFORD, Plaintiff and Respondent, v. John BOWLING, Defendant and Appellant.

Supreme Court of South Dakota.

September 6, 1972.


Attorney(s) appearing for the Case

May, Boe, Johnson & Burke and Gale E. Fisher, Sioux Falls, for defendant and appellant.

Charles Rick Johnson, Johnson & Johnson, Gregory, for plaintiff and respondent.


WINANS, Judge.

This case comes before us on an appeal from an order denying a second motion to vacate a default judgment. The case involves procedural questions but in order to understand such questions it is necessary to briefly set forth the background history and procedures followed in the case.

The plaintiff commenced his suit against defendant by summons and complaint in the Circuit Court of Mellette County, South Dakota. Personal service, pursuant to...

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