Sears v. Swenson
South Dakota Supreme Court
Appeal from Circuit Court, Day County. Hon. J. H. McCoy, Judge. Action by Frank Sears and another against Kristian Scriver Swenson. From a judgment for plaintiffs, defendant appeals. Fees to the wife’s counsel in the institution of divorce proceedings against her husband, can never be considered as coming within the class known as necessaries and for which the husband can be made impliedly liable.
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Appeal from Circuit Court, Day County. Hon. J. H. McCoy, Judge. Action by Frank Sears and another against Kristian Scriver Swenson. From a judgment for plaintiffs, defendant appeals. Fees to the wife’s counsel in the institution of divorce proceedings against her husband, can never be considered as coming within the class known as necessaries and for which the husband can be made impliedly liable. Yeister v. Row, Neb. 69 N. W. 847; Shelton v. Pendleton 18 Conn. 417; Clark v. Burke, 65 Wis. 359; Wing v. Hurlbut, 15 Vt. 607; Dorsey v. Goodnow, Wright 120; Coffin v. Dunham, 8 Cuhs. 404;…
1Opinion of the CourtCorson, J.
This is an appeal by the defendant from a judgment on a directed verdict in favor of the plaintiffs. The action was instituted by the plaintiffs to recover for legal services alleged to have been rendered by the plaintiffs to appellant’s wife in instituting an action for divorce by her against him.
It is contended by the appellant that the court erred in directing a verdict against him for the reason that he was not liable to the plaintiffs on account of services so rendered to his wife; and the question therefore' presented is: Were the plaintiffs entitled to a verdict against the defendant…
2Cases cited7 opinions
- Shelton v. PendletonSupreme Court of Connecticut · 1847
- Clarke v. BurkeWisconsin Supreme Court · 1886
- Wing v. HurlburtSupreme Court of Vermont · 1843
- Dow v. EysterIllinois Supreme Court · 1875
- McCullough v. RobinsonIndiana Supreme Court · 1851
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Meyers & Batzell v. MoezieDistrict of Columbia Court of Appeals · 1965
- Rogers v. DanielSupreme Court of Oklahoma · 1923
- Murphy v. MurphySouth Dakota Supreme Court · 1929
- Vetsch v. VetschSouth Dakota Supreme Court · 1972