Legal Opinion

Krueger v. Krueger

South Dakota Supreme Court

Decided October 23, 1913PublishedCited by 19 opinions

Appeal from Circuit Court, Bfown County. Hon. Frank McNulty, Judge. Action by Mathilda L- Krueger against August F. Krueger, for divorce; this proceeding therein involving alleged contempt of court by defendant, in refusing to comply with the decree. From a judgment finding defendant guilty of contempt of court, he appeals. Findings of fact should have been made by the court before the order' was made adjudging the defendant to be in contempt of court.

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Appeal from Circuit Court, Bfown County. Hon. Frank McNulty, Judge. Action by Mathilda L- Krueger against August F. Krueger, for divorce; this proceeding therein involving alleged contempt of court by defendant, in refusing to comply with the decree. From a judgment finding defendant guilty of contempt of court, he appeals. Findings of fact should have been made by the court before the order' was made adjudging the defendant to be in contempt of court. Hoffman v. Hoffman, (S. D.) 127 N. W. 478. Before a party may be adjudged in contempt of court, it must affirmative^ appear that the party was…

1Opinion of the CourtWhiting, P. J.

This is an appeal from a judgment adjudging appellant guilty of contempt of the circuit court, and inflicting punishment therefor. The judgment recited: “That the said defendant be and he is hereby declared to be in contempt of this court for violation of and disobedience of the orders of court heretofore rendered in this action.” This action is one wherein plaintiff sought and obtained a decree of divorce from this appellant, the defendant therein, and the affidavit of plaintiff, sub*472•mitted in support oí her motion seeking to have appellant adjudged guilty of contempt of court, sets forth…

2Cases cited3 opinions

  1. Hoffman v. HoffmanSouth Dakota Supreme Court · 1910
  2. Larson v. LarsonSouth Dakota Supreme Court · 1896
  3. Scott v. ScottSouth Dakota Supreme Court · 1896

3Cited by19 opinions

  1. Jameson v. JamesonSouth Dakota Supreme Court · 1981
  2. Talbert v. TalbertSouth Dakota Supreme Court · 1980
  3. Thomerson v. ThomersonSouth Dakota Supreme Court · 1986
  4. Karras v. GannonSouth Dakota Supreme Court · 1984
  5. Hanisch v. HanischSouth Dakota Supreme Court · 1979

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