Legal Opinion

Hesnard v. Hesnard

South Dakota Supreme Court

Decided March 10, 1922No. File No. 4922PublishedCited by 1 opinion

Appeal from Circuit Court, Fall River County. Hon. Wai/per G. Miser, Judge. Action by Caroline Hesnard, against Frank P. Hesnard, for a decree, of divorce. From an order allowing temporary alimony,, suit money and attorneys’ fees, defendant appeals. (a)- To point two of the opinion, Appellant cited; Code 1919, Sec. 163; Bailey v. Bailey (.Ni.

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Appeal from Circuit Court, Fall River County. Hon. Wai/per G. Miser, Judge. Action by Caroline Hesnard, against Frank P. Hesnard, for a decree, of divorce. From an order allowing temporary alimony,, suit money and attorneys’ fees, defendant appeals. (a)- To point two of the opinion, Appellant cited; Code 1919, Sec. 163; Bailey v. Bailey (.Ni. D.) 134 N. W. 747; Arnold v. Arnold, (Mo.) 222 ,S. W. 996. Respondent cited: Stiehm v. Stiehm (Minn.) 72 N. W. 709.; Potts v. Potts (Mich.) 36 N. W. 240.

1Opinion of the Court

GATES) P. J.

This is an appeal by defendant from an order of the trial court granting plaintiff temporary alimony pending the trial of an action for divorce pursuant to the provisions of section 163, Rev. Code 1919. The trial court ordered defendant to pay plaintiff $100 per month for her maintenance, the sum of $100 for suit money, and the sum of $400 for her attorneys’ fees. The sums allowed by the order are complained of as being excessive, and also because it is asserted that respondent is- possessed of ample means for her support and the prosecution of the action. As incidental to the…

2Cited by1 opinion

  1. Murphy v. MurphySouth Dakota Supreme Court · 1949

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