Ness v. Ness

110 N.W.2d 128 (1961)

Evelyn NESS, Respondent,

v.

Howard L. NESS, Appellant.

No. 9898.

Supreme Court of South Dakota.

July 18, 1961.

Samuel W. Masten, Canton, for appellant.

William F. Clayton, Arnold Pfeiffer, Sioux Falls, for respondent.

RENTTO, Judge.

Plaintiff wife was granted a divorce from defendant because he had been convicted of a felony in the State of Minnesota. He appeals from the judgment.

Defendant, on May 26, 1959, was found guilty of the crime of Larceny by Contractor and sentenced to the Minnesota State Reformatory for a period not to exceed five years. At the time this divorce action…