Darby v. Darby

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I agree fully with the majority opinion that the trial court lacked authority to vacate the divorce decree upon the stipulation of the parties and that in the circumstances of the case before us the doctrine of estop-pel should not be applied against appellee. *208There may be cases, however, in which one who has stipulated to the entry of judgment may be estopped from later assailing that judgment. As we held in Warren Supply v. Duerr, Pliley, Thorsheim Development, 355 N.W.2d 838, 840 (S.D.1984):

One who enters into a stipulation or agreement for judgment or who has taken a position in…