Baron v. Baron

The decree grants a divorce to the plaintiff husband on the ground of extreme cruelty, and divides the property of the parties. The principal complaint of the defendant wife on appeal is that the property division is inequitable.

In granting a divorce for the fault of a husband a court has power under SDC 14.0726 to make allowance to the wife in lieu of the common-law duty of the husband to support her. Cf. Tuttle v. Tuttle, 26 S. D. 545, 128 N. W. 695. Because the divorce was granted for the fault of the wife, that power is not invoked. The decree below must be tested under a separate…