DAVIS v. KRESSLY

No. 9864.

107 N.W.2d 5 (1961)

Mary Ellen DAVIS, formerly Mary Ellen Raney, and Carol Ann Raney, a minor, by her guardian, Robert Raney, Jr., Plaintiffs and Respondents, v. Lloyd T. KRESSLY, Defendant and Appellant.

Supreme Court of South Dakota.

January 9, 1961.


Attorney(s) appearing for the Case

Homeyer & Robbins, Selby, for defendant and appellant.

Newell E. Krause, Lemmon, for plaintiffs and respondents.


SMITH, Judge.

In this action, wherein service of process upon defendant was by publication, he appeals from a default judgment, and from an order overruling his motion for an order vacating such judgment and for leave to answer.

The record as a whole reveals some background facts which should be briefly outlined. Defendant is the owner of a Perkins county ranch where he made his home prior to November 1951. He then entered into a contract with plaintiffs whereby...

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