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LARSON v. LARSON

No. 11653.

235 N.W.2d 906 (1975)

Margaret J. LARSON, Plaintiff and Respondent, v. Verlyn G. LARSON, Defendant and Appellant.

Supreme Court of South Dakota.

December 5, 1975.

Attorney(s) appearing for the Case

Brady, Kabeiseman, Light & Reade, Frank J. Brady, Steve M. Johnson, Yankton, for plaintiff and respondent.

Goetz, Hirsch, Haar & Blackburn, John P. Blackburn, Yankton, for defendant and appellant.

WINANS, Justice.

Our concern in this action is twofold: the possible abatement of an action for divorce when one party to that action dies in the course of the proceedings on the one hand and the trial court's capacity to enter a nunc pro tunc decree in such situations on the other hand. In this situation it is our decision that the divorce action abated with the death of the defendant, Verlyn G. Larson, and that the trial judge exceeded his powers in entering...

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