9 S.D. 179 | S.D. | 1896
On the 16th day of October, 1894, an order overruling a motion to vacate and set aside a default judgment was obtained in circuit court, and though not filed and entered as a record of said court until the 5th day of April, 1895, due service thereof was regularly admitted by counsel for both parties to the>action on the first day of February immediately preceding. At the time the order under consideration was granted counsel for appellant received the same, and retained actual possession thereof for more than three months. As nothing was done towards taking an appeal from said order until the 9fh