BROCKEL v. BROCKEL

No. 10068.

128 N.W.2d 558 (1964)

Karen BROCKEL, Plaintiff and Respondent, v. Morgan A. BROCKEL, Defendant and Appellant.

Supreme Court of South Dakota.

May 20, 1964.


Attorney(s) appearing for the Case

Morris Myers, Aberdeen, for defendant and appellant.

Agor, Siegel, Barnett & Schutz, Aberdeen, for plaintiff and respondent.


HOMEYER, Judge.

This is an appeal from a judgment and order which among other things denied defendant's motion to vacate a default decree granting plaintiff a divorce and to answer in the action.

Defendant contends (1) he had entered what amounted to an appearance in the action and because the default decree was entered without notice to him as provided by SDC 1960 Supp. 33.1707(2), it was a nullity and should have been set aside; and (2) since subsequent...

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