Jeanne E. Vaughn v. Floyd W. Vaughn - Supreme Court of South Dakota

Jeanne E. Vaughn v. Floyd W. Vaughn

By Supreme Court of South Dakota

  • Release Date: 1977-04-29
  • Genre: Law

Description

DUNN, Chief Justice. This action was originally commenced by a summons and complaint for a legal separation, but was later
amended to an action for divorce. Depositions were taken, and trial of the matter was begun on April 10, 1974, and continued
on July 22, 1974. Further proceedings were held on February 28, 1975, for interim support during the pendency of the action.
On June 23, 1975, the Eighth Judicial Circuit Court announced its decision, and the decree of divorce was entered June 26,
1975. Plaintiff moved for a new trial, alleging "insufficiency of the evidence and errors of law in that the evidence does
not support the findings of the trial court," and that the decree was contrary to the law of divorce actions. The motion was
denied. Plaintiff appeals the denial, claiming the permanent alimony award was too small, and the couple's property was inequitably
distributed. We affirm. Plaintiff, a native of France, and defendant were married in her country while defendant was stationed there during World
War II. They came to the United States following the war, and from 1959 to 1972 plaintiff assisted defendant in various businesses
and otherwise contributed to the family's income. In October of 1972, defendant left Deadwood and his wife, moving to Rapid
City. Since that time, the couple has lived separately. The couple's only child has reached his majority and is emancipated.