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DYKSTERHOUSE v. PARROT

No. 9837.

105 N.W.2d 205 (1960)

Al DYKSTERHOUSE, Plaintiff and Appellant, v. Vinal PARROT, Jr., Defendant and Respondent.

Supreme Court of South Dakota.

October 5, 1960.

Attorney(s) appearing for the Case

Newell E. Krause, Lemmon, for plaintiff and appellant.

Johnson & Price, Lemmon, for defendant and respondent.

SMITH, Judge.

In this action for damages growing out of a personal injury, a substituted service of summons and complaint, void for noncompliance with SDC 1960 Supp. 33.0808, was attempted before the applicable statute of limitations had run. After the elapse of the statute, defendant filed a voluntary appearance, demanded, and through stipulation received a change of venue, and interposed an answer pleading the bar of the statute. That issue was tried to the court...

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