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66 S.D. 395

Foster v. Foster

South Dakota Supreme Court

Decided February 20, 1939

South Dakota Supreme Court · decided 1939-02-20

Cited by 6 later decisions — most recently January 1976

6 state decisions

Relies on Badger State Bank v. Weiss

Good law ✅— No negative treatment on recordhow we know

Decided 1939-02-20

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PER CURIAM.

¶1In March 1933, the plaintiff was granted a divorce from the defendant by decree entered by the cricuit court of Minnehaha County. As a part of that decree the court or*396

¶2Section 164, R. C. 1919, provides as follows: “In an action for divorce the court may, before or after judgment, give such direction for the custody, care, and education of the children of the marriage as may seem necessary or proper, and may at any time vacate or modify the same.”

¶3Under this provision of our code we are -convinced this- proceeding was properly brought on by order to show cause, and that the determination of the trial court thereof resulted in an order. No findings of fact are contemplated or necessary. Badger State Bank v. Weiss, 60 S. D. 484, 245, N. W. 41.

¶4No useful purpose would be served in reviewing the evidence presented to the trial court. After a careful consideration of the entire record we are convinced that the order of the trial court should be affirmed.

All the Judges concur.
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