Boyce v. Boyce
South Dakota Supreme Court
Appeal from Circuit Court, Campbell County. Hon. Joseph H. Bottom, Judge. Action by William D. Boyce against Mary J.. Boyce, for a divorce. Decree for plaintiff. Subsequently defendant obtained an order to show cause why the decree should not be set aside, pending the hearing upon which Viriginia Dee Boyce intervened. Motion denied, and defendant appeals.
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Appeal from Circuit Court, Campbell County. Hon. Joseph H. Bottom, Judge. Action by William D. Boyce against Mary J.. Boyce, for a divorce. Decree for plaintiff. Subsequently defendant obtained an order to show cause why the decree should not be set aside, pending the hearing upon which Viriginia Dee Boyce intervened. Motion denied, and defendant appeals. The brief on behalf of appellant does not seem to discuss any points other than those held by the Court to be' irrelevant under the record as a whole. There was no appearance on behalf of plaintiff and respondent, William D. Boyce.…
1ConcurrenceMcCOY, P. J.
I concur in the foregoing opinion on the sole ground that defendant 'has abandoned, by her printed brief, the only effectual assignment of error -contained in- the record. The -entire printed brief discusses questions not -before the lower court on the motion to vacat-e. Whether there was sufficient prima facie true evidence before the court that granted the -decree was wholly immaterial and foreign to the issues -presented on the motion to vacate -the decree. Assignments of error not discussed or mentioned in the printed brief ar-e -deemed -abandoned, and will n-ot be considered on appeal.…
2Cases cited3 opinions
- Johnson v. KnappeSouth Dakota Supreme Court · 1909
- Sioux Falls Pressed Brick Co. v. Board of EducationSouth Dakota Supreme Court · 1910
- Olson v. RydlSouth Dakota Supreme Court · 1910