Carmon v. Rose

Summary

The South Dakota Supreme Court considered whether substitute service of process on the defendant's wife at a Kentucky address validly occurred under SDCL 15-6-4(e). The court held that the address was the defendant's dwelling house and that service was valid, giving the trial court jurisdiction to enter a default judgment. The court also held that the trial court did not abuse its discretion in refusing to set aside the default judgment.

Holdings

1. Substitute service was valid because the evidence established that 2504 Little Hills Lane was Rose's dwelling house when service was made and that the requirements of SDCL 15-6-4(e) were satisfied.
2. The circuit court did not abuse its discretion by denying Rose's motion to set aside the default judgment because Rose failed to make a sufficient showing of good cause.

Questions Presented

1. Whether substitute service of process was valid when the summons and complaint were left with the defendant's wife at an address the defendant claimed he no longer used as his dwelling house.
2. Whether the circuit court abused its discretion by refusing to set aside the default judgment for lack of actual notice and alleged good cause.

Disposition

affirmed