HINES v. HINES

No. 9777.

105 N.W.2d 70 (1960)

Lois E. HINES, Plaintiff and Respondent, v. Donald P. HINES, Defendant and Appellant.

Supreme Court of South Dakota.

September 22, 1960.


Attorney(s) appearing for the Case

Helm, Morman & Coacher, Sturgis, and Charles R. Hayes, Deadwood, for defendant and appellant.

Frank E. Henderson, Rapid City, for plaintiff and respondent on petition for rehearing.


BIEGELMEIER, Judge.

Appellant filed a petition for rehearing stating, among other things, that a custody order of July 3, 1958, had been entered which is later than that referred to in the opinion of the court. This order does not appear in the settled record and was not before us on appeal.

We have held on the record before us the trial court abused its discretion in awarding custody to the mother. We limited the retrial on that issue to the present record...

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