Palmer v. Palmer
South Dakota Supreme Court
1DissentHenderson, Justice
For purposes of clarity, plaintiff-respondent shall be referred to as “husband” and defendant-appellant shall be referred to as “wife.”
SDCL 25-4-4 defines extreme cruelty as “the infliction of grievous bodily injury or grievous mental suffering upon the other, by one party to the marriage.” It is one of the six grounds for divorce in the State of South Dakota. Husband sued for divorce. The wife put husband on his proof; she did not sue for divorce. Essentially, she is waging a blocking action.
In my opinion the husband proved up grounds for divorce. The parties have been separated and living…
2Cases cited28 opinions
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1969
- In Re Estate of HobelsbergerSouth Dakota Supreme Court · 1970
- Cunningham v. Yankton Clinic, P. A.South Dakota Supreme Court · 1978
- Holforty v. HolfortySouth Dakota Supreme Court · 1978
- MacDonald v. MacDonaldCalifornia Supreme Court · 1909
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