South Dakota Supreme Court June 12, 1901 (Whittaker v. Warren)

Corson, J.

This is an appeal by the plaintiff from an order made and entered on the 31st day of December, 1898, in favor of the defendant, vacating and setting aside the judgment entered in the action, the execution and sale of property made under the same, and dismissing the action. The order was made upon an affidavit on the part of the defendant, no rebuttal affidavit having been filed.