Larson v. Larson

Citations

• 9 S.D. 1
• 67 N.W. 842
• 1896 S.D. LEXIS 98

Syllabus

<p>It is error in a divorce suit to order defendant’s answer and cross bill to be dismissed because of his noncompliance with an order directing him to pay counsel fees and temporary alimony to plaintiff, the order directing such payment having been served only on defendant’s counsel; Comp. Laws, Sec. 5337, making- the following exception to the statute authorizing service of a paper on the attorney instead of the party: “The provisions of this chapter shall not apply to the service of * * * any paper to bring a party into contempt;” and the service on the party of such an order for payment of temporary alimony, in order to bring him into a oontempt for a refusal, being further required by Sec. 5112.</p>