Bueter v. Bueter

Citations

• 1 S.D. 94
• 45 N.W. 208
• 1890 S.D. LEXIS 13

Syllabus

<p>1. In this case the evidence examined, and held to sustain the allegation of respondent that she executed the articles of separation between herself and her husband, appellant herein, under menace, entitling her to rescind, and to support the judgment of the court below in annulling and sotting the same aside.</p> <p>2. In this state a wife, justified by her husband’s misconduct towards her in living separate from him, may maintain an independent action against him for her support, without regard to the question of divorce.</p> <p>3. In such an action, if the wife is destitute, the court has power to include in its judgment an allowance of attorney’s fees, as necessaries for the wife.</p> <p>(Syllabus by the Court.</p>