Wagner v. Truesdell

SABERS, Justice

(concurring in result).

[¶ 15.]I agree that Wagner effectively served Truesdell by substantial compliance with SDCL 15-6-4(e) (substituted service). The statute contemplates a situation where the person sought to be served (Truesdell) resides with another family (Richmond). This ease presents the converse situation, i.e., “the family of another” (Richmond) resides with Truesdell. Here, a strict and technical interpretation of SDCL 15-6-4(e) disallowing service would undermine the purpose of the statute. The spirit and the purpose of the statute were met. Clearly, that constitutes “substantial compliance.”