Legal Opinion

Fehlhafer v. Fehlhafer

South Dakota Supreme Court

Decided April 11, 1950No. File No. 9126Published

1Opinion of the CourtHayes, P.J.

Plaintiff brought suit for divorce. Defendant answered and cross complained. Plaintiff replied to the cross complaint. Thereafter, and before trial on the merits, defendant moved to dismiss plaintiff’s complaint upon the grounds that the same fails to state a cause of action, that the action is barred because of an unreasonable lapse of time before the commencement thereof and that there is no showing that plaintiff had been restored to sanity before bringing suit. The motion to dismiss refers to findings of a board of insanity and seeks to incorporate by reference certain other court…

2Cases cited1 opinion

  1. Hall v. City of Belle FourcheSouth Dakota Supreme Court · 1940

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