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ZWANZIGER v. ZWANZIGER

No. 12593.

286 N.W.2d 123 (1979)

Mervyn E. ZWANZIGER, Plaintiff and Respondent, v. Thelma ZWANZIGER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 12, 1979.

Attorney(s) appearing for the Case

Michael D. Stevens of Blackburn Law Offices, Yankton, for defendant and appellant.

PER CURIAM.

Mervyn E. Zwanziger was granted a divorce from Thelma Zwanziger on October 19, 1976, sixty days after Mrs. Zwanziger was served with a summons and complaint. Mrs. Zwanziger challenges the validity of the divorce decree, arguing that it was entered one day prematurely, depriving the trial court of subject matter jurisdiction. We agree.

SDCL 25-4-34 provides, in part, that "[a]n action for divorce or separate maintenance shall not be heard, tried...

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