Greenleaf v. Greenleaf

Citations

• 6 S.D. 348
• 61 N.W. 42
• 1894 S.D. LEXIS 156

Syllabus

<p>1. By the provisions of sections 2583, 2584, Comp. Laws, power is conferred upon the courts to modify or vacate and set aside that part of a decree of divorce which provides for the custody, support, and maintenance of the minor children o£ the parties, when the changed condition and circumstances of the parties to the decree require such modification or vacation of the same.</p> <p>2. When a defendant in an action for a divorce, in which a decree has been rendered, makes application to have so much of the decree as provides for the custody, support and maintenance of the minor children of the parties vacated and set aside, under the provisions of the sections of the statutes above referred to, this court will review the evidence in the same manner as in other cases tided by a court or referee.</p> <p>3. When it appears by a clear preponderance of the evidence that there has been a material change in the condition and circumstances of the parties to a decree of divorce, and that by reason of such change, and the advanced age of the children named in the decree, the defendant should be relieved from that part of the decree requiring him to pay a monthly sum for the support and maintenance of said minor children, it is error to refuse to set aside and vacate the same.</p> <p>(Syllabus by the court.</p>