FEHLHAFER v. FEHLHAFER

No. 9126.

42 N.W.2d 232 (1950)

FEHLHAFER v. FEHLHAFER.

Supreme Court of South Dakota.

Rehearing Denied May 24, 1950.


Attorney(s) appearing for the Case

C. J. Delbridge, Edwin C. Parliman, Sioux Falls, for plaintiff and respondent.

John Carl Mundt, Sioux Falls, for defendant and appellant.


HAYES, Presiding Judge.

Plaintiff brought suit for divorce. Defendant answered and cross complained. Plaintiff replied to the cross complaint. Thereafter, and before trial on the merits, defendant moved to dismiss plaintiff's complaint upon the grounds that the same fails to state a cause of action, that the action is barred because of an unreasonable lapse of time before the commencement thereof and that there is no showing that plaintiff had been restored to sanity...

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