DARBY v. DARBY

No. 14766.

370 N.W.2d 205 (1985)

Ruth A. DARBY, Plaintiff and Appellant, v. John H. DARBY, Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 26, 1985.


Attorney(s) appearing for the Case

Thomas M. Frankman of Willy, Pruitt, Matthews, Farrell, Frankman & Johnson, Sioux Falls, for plaintiff and appellant.

Sidney B. Strange of Strange & Palmer, Sioux Falls, for defendant and appellee.


WUEST, Acting Justice.

On May 20, 1977, Judge Robert J. Patterson granted Ruth A. Darby (appellant) a final decree divorcing her from John H. Darby (appellee). The decree provided for child custody and made a division of property rights. Almost five years later, the parties filed a petition and stipulation alleging that a reconciliation had been effected, in that they had resumed their marital status and lived together four and one-half years. They waived any property...

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