KLINGER v. KLINGER

No. 9875.

109 N.W.2d 633 (1961)

William KLINGER, Plaintiff and Appellant, v. Emily KLINGER, Defendant and Respondent.

Supreme Court of South Dakota.

June 28, 1961.


Attorney(s) appearing for the Case

Henry C. Mundt, Sioux Falls, George W. Wuest, Danforth, Bleeker & Carlson, Mitchell, for plaintiff and appellant.

Shandorf & Slocum, Mitchell, for defendant and respondent.


ROBERTS, Judge.

This is an appeal from a judgment dismissing the husband's complaint and granting the wife's counterclaim for divorce. Plaintiff sought a divorce on the grounds of desertion and extreme cruelty. To the counterclaim plaintiff filed a reply alleging that defendant had obtained a judgment of separate maintenance and that such judgment was a bar to the present action.

The parties were married at Chamberlain, South Dakota, on November 1, 1955. Plaintiff...

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