Arbach v. Gruba

I would affirm the trial court both in sustaining the jury finding for Richard Arbach and the judgment n. o. v. for Joanne Gruba.

I agree with the Chief Justice that it should be decided solely on the question of the jurisdiction of the court over the person of! Joanne Gruba. I do not agree, however, that she has in any manner waived the question of jurisdiction by appearance and participation in trial of the case. This is not the effect proposed by SDCL 15-6-12(b) when adopted. This rule, while it did away with prior rule SDC 1939, § 33.0817, did not do away with the right to at all times…