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SECURITY SAV. BANK v. MUELLER

No. 13215.

308 N.W.2d 761 (1981)

SECURITY SAVINGS BANK, Larchwood, Iowa, Plaintiff and Appellee, v. Gene W. MUELLER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 22, 1981.

Attorney(s) appearing for the Case

Gene E. Pruitt of Willy, Pruitt, Matthews, Farrell, Frankman & Johnson, Sioux Falls, for plaintiff and appellee; Richard A. Johnson of Willy, Pruitt, Matthews, Farrell, Frankman & Johnson, Sioux Falls, on the brief.

Douglas P. Cummings, Jr., East River Legal Services, Sioux Falls, for defendant and appellant.

MORGAN, Justice.

The Second Judicial Circuit Court, Judge William H. Heuermann presiding, entered a default judgment against Gene W. Mueller (appellant). Security Savings Bank, Larchwood, Iowa (appellee), sought and received a property execution which was returned unsatisfied. On February 4, 1980, a body execution was granted on appellee's motion. The court denied appellant's motion of February 22, 1980, to vacate or set aside the arrest order. After more than a month...

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