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BAILEY v. BAILEY

No. 9713.

95 N.W.2d 533 (1959)

Eva M. BAILEY, Plaintiff and Respondent, v. Harvey Earl BAILEY, Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied April 21, 1959.

Attorney(s) appearing for the Case

Paul E. Mundt, Sioux Falls, for defendant and appellant.

John E. Burke, Acie W. Matthews, Sioux Falls, for plaintiff and respondent.

BOGUE, Judge.

The defendant appeals from a judgment holding him in contempt of court for failure to comply with the court's order as to payment of alimony and support. His defense is based upon his alleged inability to comply with the order.

In November of 1955 the plaintiff was granted a divorce from the defendant and awarded the custody of their eleven-year old daughter. The defendant in accordance with said decree was required to pay $250 per month as alimony...

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