Scott v. Scott

South Dakota Supreme Court
Scott v. Scott, 9 S.D. 125 (S.D. 1896)
68 N.W. 194; 1896 S.D. LEXIS 118
Haney

Scott v. Scott

Opinion of the Court

Haney, J.

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 compiy therewith,’’ this judgment must be reversed, and the case remanded for further proceedings according to law.

Reference

Cited By
7 cases
Status
Published
Syllabus
To authorize a dismissal of an action for divorce or to annul a marriage, brought by a husband, because of a failure of plaintiff to comply with an order for the payment of temporary alimony, such order must have been served on plaintiff personally.