Scott v. Scott
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action to annul a marriage contract. Defendant had judgment of dismissal, and plaintiff appeals. The facts are stated in the opinion. It is not contempt of court to fail to pay alimony where one neither has nor can obtain it, and where he has not causelessly either put it out of his hands or failed to receive it.
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Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action to annul a marriage contract. Defendant had judgment of dismissal, and plaintiff appeals. The facts are stated in the opinion. It is not contempt of court to fail to pay alimony where one neither has nor can obtain it, and where he has not causelessly either put it out of his hands or failed to receive it. Wight-man v. Wightman, 45 111. 167. Service of the order upon the attorneys is insufficient. § 5337, Comp. Laws; Johnson v. Superior Court, 63 Cal. 578; Hennessey v. Nicol, 38 Pac. 649. If the husband is…
1Opinion of the CourtHaney, J.
This action is to annul a marriage. Defendant answered, and obtained an order requiring plaintiff to pay temporary alimony, with which he failed to comply, and his complaint and action were dismissed. From the judgment of dismissal he appeals.
The order requiring temporary alimony directed service to be made upon plaintiff’s attorneys; the judgment of dismissal recites that service was so made; and, as we understand the record, neither of the orders or rules to show cause which resulted in such judgment was personally served upon defendant. Following Larson v. Larson (S. D.), 67 N. W. 842,…
2Cases cited1 opinion
- Larson v. LarsonSouth Dakota Supreme Court · 1896
3Cited by7 opinions
- Talbert v. TalbertSouth Dakota Supreme Court · 1980
- Karras v. GannonSouth Dakota Supreme Court · 1984
- Krueger v. KruegerSouth Dakota Supreme Court · 1913
- Schummer v. SchummerSouth Dakota Supreme Court · 1933
- Karras v. GannonSouth Dakota Supreme Court · 1984
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