PERSON v. PETERSON

No. 12803.

296 N.W.2d 537 (1980)

Larry PERSON, Plaintiff and Appellant, v. Judith May PETERSON, Defendant and Appellee.

Supreme Court of South Dakota.

Decided September 17, 1980.


Attorney(s) appearing for the Case

Robert L. Jones, Sioux Falls, for plaintiff and appellant.

Russell D. Kading of Dana, Golden, Moore & Rasmussen, Sioux Falls, for defendant and appellee.


PER CURIAM.

Defendant Judith Peterson unsuccessfully sued plaintiff Larry Person in small claims court for damages resulting from an automobile collision. A few months later, plaintiff sued defendant in circuit court for damages sustained to his automobile as a result of the same collision. Defendant failed to answer, and judgment by default was entered for plaintiff. Subsequently, defendant moved to vacate the default judgment, alleging that plaintiff's circuit court...

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