Bueter v. Bueter
South Dakota Supreme Court
Appeal from district court, Lawrence county; Hon. Charles M. Thomas, Judge. Action to set aside and annul articles of separation between husband and wife. Judgment for plaintiff. Defendant appeals. The facts are stated in the opinion. The evidence of duress upon which a contract may be avoided, must be clear and conclusive.
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Appeal from district court, Lawrence county; Hon. Charles M. Thomas, Judge. Action to set aside and annul articles of separation between husband and wife. Judgment for plaintiff. Defendant appeals. The facts are stated in the opinion. The evidence of duress upon which a contract may be avoided, must be clear and conclusive. Davis v. Fox, 59 Mo. 125; Brown v. Peck, 2Wis. 261. Threats, to constitute menace, under our statute, must be such as to strike with fear a person of common firmness and constancy of mind; duress, by mere advice or persuasion, is unknown to the law. Comp. Laws § 3504.…
1Opinion of the CourtKerram, J.
This was an action brought by respondent *96against appellant in the district court of Lawrence county, to set aside and annul certain articles of separation between said parties, who are husband and wife, and for other specific relief, hereinafter noticed, alleging in her complaint that she signed the articles reluctantly and unwillingly, under menace and duress exercised towards her by appellant; that she revoked and renounced said articles of separation, and claims all her rights as the lawful wife of appellant, and offers to return and be reconciled to him whenever it will be safe for her to…
2Cases cited9 opinions
- Galland v. GallandCalifornia Supreme Court · 1869
- Graves v. GravesSupreme Court of Iowa · 1873
- Glover v. GloverSupreme Court of Alabama · 1849
- Garland v. GarlandMississippi Supreme Court · 1874
- Earle v. EarleNebraska Supreme Court · 1889
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3Cited by11 opinions
- Kwentsky v. SirovySupreme Court of Iowa · 1909
- Baier v. BaierSupreme Court of Minnesota · 1903
- Edgerton v. EdgertonMontana Supreme Court · 1892
- Kerr v. KerrSouth Dakota Supreme Court · 1952
- George v. GeorgeNew Jersey Court of Chancery · 1941
6 more not listed; retrieve them via the Exa API.