Scott v. Scott
| Decision Date | 29 July 1896 |
| Citation | 9 S.D. 125,68 N.W. 194 |
| Parties | SCOTT v. SCOTT. |
| Court | South Dakota Supreme Court |
OPINION TEXT STARTS HERE
Appeal from circuit court, Lawrence county; A. J. Plowman, Judge.
Action by Floyd M. Scott against Hedwig E. Scott. From a judgment of dismissal, plaintiff appeals. Reversed.G. C. Moody and W. R. Steele, for appellant. Martin & Mason, for respondent.
This action is to annul a marriage. Defendant answered, and obtained an order requiring plaintiff to pay temporary alimony, with which he failed to comply, and his complaint and action were dismissed. From the judgment of dismissal he appeals.
The order requiring temporary alimony directed service to be made upon plaintiff's attorneys; the judgment of dismissal recites that service was so made; and, as we understand the record, neither of the orders or rules to show cause which resulted in such judgment was personally served upon defendant. Following Larson v. Larson (S. D.) 67 N. W. 842, wherein it was held that “an order or judgment requiring the payment of temporary alimony or counsel fees must, by the law of this state, be served upon the party against whom the same is awarded, before he can be brought into contempt for a refusal to comply therewith,” this judgment must be reversed, and the case remanded for further proceedings according to law.
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Karras v. Gannon
...of contempt. See Krueger v. Krueger, 32 S.D. 470, 143 N.W. 368 (1913); Larson v. Larson, 9 S.D. 1, 67 N.W. 842 (1896); Scott v. Scott, 9 S.D. 125, 68 N.W. 194 (1896). We recognize, of course, that there may well be circumstances in which the practicalities and exigencies of the moment precl......
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Schummer v. Schummer
...permitting him to proceed with the trial.” [4] It might be that under the rule announced in Larson v. Larson, supra, and Scott v. Scott, 9 S. D. 125, 68 N. W. 194, personal service on the plaintiff of the order here involved would be necessary before the court would be authorized to refuse ......
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Krueger v. Krueger
...those acts the commission or omission of which constitute the alleged contempt. Larson v. Larson, 9 S. D. 1, 67 N. W. 842;Scott v. Scott, 9 S. D. 125, 68 N. W. 194. The circuit court did not find that appellant acted willfully or contumaciously in not obeying the provisions of such decree, ......
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Krueger v. Krueger
...do, those acts the commission or omission of which constitute the alleged contempt. Larson v. Larson, 9 S.D. 1, 67 N.W. 842; Scott v. Scott, 9 S.D. 125, 68 N.W. 194. The circuit court did not find that appellant acted willfully or contumaciously in not obeying the provisions of such decree,......