Bardin v. Bardin
South Dakota Supreme Court
- Appeal from circuit court, Brule county. Hon..D. Haney, Judge. • Action for divorce by Della Bardin against Lyman D. Bar-din. ' From an order granting alimony pendente lite,.defendant appeals. Tbe right to alimony and counsel ‘ fees results from the marital relations, and the existence of such relation between the parties must be admitted or proved before there can be a decree for it even pendente lite. Bish. Mar. & Div.
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- Appeal from circuit court, Brule county. Hon..D. Haney, Judge. • Action for divorce by Della Bardin against Lyman D. Bar-din. ' From an order granting alimony pendente lite,.defendant appeals. Tbe right to alimony and counsel ‘ fees results from the marital relations, and the existence of such relation between the parties must be admitted or proved before there can be a decree for it even pendente lite. Bish. Mar. & Div. (3d Ed.) 570; York v. York, 34 la. 530; Appleton v. Warner,' 51 Barb.. 270; Freeman v. Freeman, 23 A. 113; Collins v. Collins, 71 N Y. 269. No presumption of law arises as…
1Opinion of the CourtBennett, P. J.
This is an appeal from an order.granting temporary alimony and expense money, penclente lite, in an action for a divorce, brought by respondent against appellant. The complaint in that action alleges that the parties were married in the city of Albany, N. Y., on the 14th day of July, 1889, and that they have ever since been husband and wife. The defendant, in his answer, denies that he was at that time, or at any other time, legally married to the plaintiff. He admits that, a marriage ceremony was performed at the time and place as alleged in the complaint, but avers at that time, and ever *308sin…
2Cases cited4 opinions
- Davie v. BriggsSupreme Court of the United States · 1878
- Brinkley v. . BrinkleyNew York Court of Appeals · 1872
- Ruloff v. . the PeopleNew York Court of Appeals · 1858
- Collins v. . CollinsNew York Court of Appeals · 1877
3Cited by4 opinions
- Vinson v. VinsonSupreme Court of Florida · 1939
- Ex parte JonesSupreme Court of Alabama · 1911
- Banks v. BanksSupreme Court of Florida · 1900
- Tuttle v. TuttleSouth Dakota Supreme Court · 1910