Larson v. Larson
South Dakota Supreme Court
Appeal from circuit court-, Lawrence county. Hon. A. J. Plowman, Judge. Action for divorce. From an order striking his answer from the files because of his failure to comply with an order to pay counsel fees and temporary alimony, defendant appeals, The facts are stated in the opinion. The court erred in adjudging defendant in comtempt in this action, there being no service of any of the orders made by the court, upon the defendant as provided by law.
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Appeal from circuit court-, Lawrence county. Hon. A. J. Plowman, Judge. Action for divorce. From an order striking his answer from the files because of his failure to comply with an order to pay counsel fees and temporary alimony, defendant appeals, The facts are stated in the opinion. The court erred in adjudging defendant in comtempt in this action, there being no service of any of the orders made by the court, upon the defendant as provided by law. The judgment or order must have been served upon the defendant personally; service of such order or judgment upon the defendant’s counsel will…
1Opinion of the CourtFuller, J.
As punishment for a contempt of court in failing and neglecting to comply with an order directing the pay*3ment of counsel fees and alimony to the wife during the pendency of her suit for a divorce, the trial court made the order from which this appeal is taken, and by which the answer and cross bill of the defendant were dismissed and stricken from the files, with the direction that the case proceed as though no appearance had been made by the defendant. In Williams v. Williams (S. D.), 61 N. W. 38, the husband, who instituted an action for divorce, neglected to comply with an order of the…
2Cases cited7 opinions
- Gordon v. GordonIllinois Supreme Court · 1892
- Williams v. WilliamsSouth Dakota Supreme Court · 1894
- Peel v. PeelSupreme Court of Iowa · 1879
- Johnson v. Superior CourtCalifornia Supreme Court · 1883
- Hennessy v. NicolCalifornia Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Talbert v. TalbertSouth Dakota Supreme Court · 1980
- Karras v. GannonSouth Dakota Supreme Court · 1984
- Krueger v. KruegerSouth Dakota Supreme Court · 1913
- Scott v. ScottSouth Dakota Supreme Court · 1896
- Schummer v. SchummerSouth Dakota Supreme Court · 1933
4 more not listed; retrieve them via the Exa API.