Larson v. Larson

WINANS, Justice.

Our concern in this action is twofold: the possible abatement of an action for divorce when one party to that action dies in the course of the proceedings on the one hand and the trial court’s capacity to enter a nunc pro tunc decree in such situations on the other hand. In this situation it- is our decision that the divorce action abated with the death of the defendant, Verlyn G. Larson, and that the trial judge exceeded his powers in entering a nunc pro tunc decree several months after the defendant’s death apparently awarding a divorce and certain properties to the…