ROGERS v. ROGERS

No. 14089.

351 N.W.2d 129 (1984)

Olivia ROGERS, Plaintiff and Appellant, v. Irvin ROGERS, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 3, 1984.


Attorney(s) appearing for the Case

Russell H. Battey of Williams, Gellhaus & Battey, Aberdeen, for plaintiff and appellant.

Joe L. Maynes of Maynes, Tonner, Maynes & Tobin, Aberdeen, for defendant and appellee.


WOLLMAN, Justice.

This is an appeal from the trial court's order denying appellant's motion to vacate a judgment and decree of divorce. We reverse and remand.

Appellant and appellee were married in 1949 and had seven children, only one of whom was a minor when this divorce action was commenced in 1980. On January 29, 1982, the parties entered into a settlement agreement that had been negotiated on their behalf by their attorneys. Paragraph VIII of the agreement...

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