Milliron v. Milliron
South Dakota Supreme Court
Appeal from circuit court, Brule county. Hon. D. Haney, Judge. Action by Phoebe Milliron' against Lorenzo Milliron for ' separate maintenance. From an order requiring defendant to make payments to plaintiff for counsel fees and temporary support, defendant appeals. The facts are stated in the opinion. This is an action at law. § 2596, Comp. Laws; Sykes v. Bank, 2 S. D. 242. To sustain the court below would require the insertion of words not found in the section.
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Appeal from circuit court, Brule county. Hon. D. Haney, Judge. Action by Phoebe Milliron' against Lorenzo Milliron for ' separate maintenance. From an order requiring defendant to make payments to plaintiff for counsel fees and temporary support, defendant appeals. The facts are stated in the opinion. This is an action at law. § 2596, Comp. Laws; Sykes v. Bank, 2 S. D. 242. To sustain the court below would require the insertion of words not found in the section. Mortgage Co. v. Bradley, 4 S. D. 162. See, also, Rudolph v. Herman, 4 S. D. 283; Short v. Twp. of White Lake, 65 N. W. 433. In this…
1Opinion of the CourtFuller, J.
Upon the application of plaintiff, supported by certain affidavits and her verified complaint in this action for separate maintenance, the court below made an .order requiring the defendant to pay plaintiff $100, with which to retain counsel, and $25 per month for the support of herself and her children pending the suit, and from said order the defendant appeals to this court.
The marriage is admitted, and it appears from the complaint and affidavits used upon the hearing of the motion for temporary alimony and counsel fees that the defendant is a dentist by profession, and obtains for his…
2Cases cited7 opinions
- Galland v. GallandCalifornia Supreme Court · 1869
- Johnson v. JohnsonIllinois Supreme Court · 1888
- Harding v. HardingIllinois Supreme Court · 1892
- Glover v. GloverSupreme Court of Alabama · 1849
- Lipscomb v. AllenIllinois Supreme Court · 1921
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hiss v. HissSupreme Court of Connecticut · 1949
- Livingston v. Superior CourtCalifornia Supreme Court · 1897
- Kerr v. KerrSouth Dakota Supreme Court · 1952
- Hagert v. HagertNorth Dakota Supreme Court · 1911
- Eggers v. EggersSouth Dakota Supreme Court · 1967
8 more not listed; retrieve them via the Exa API.