DocketNumber: File No. 8271.
Citation Numbers: 290 N.W. 319, 67 S.D. 145
Judges: ROBERTS, J.
Filed Date: 2/20/1940
Status: Precedential
Modified Date: 1/13/2023
This Court in McMahon et al. v. Brown et al.,
To my mind it seems that this Court correctly interpreted our statute relating to the limitations on bringing an action on a judgment and that an interpretation of our statute does not permit any exceptions where money judgments are involved and that an alimony judgment payable in installments is a judgment for a sum of money seems to be the rule. Farquhar v. Farquhar,
I am aware of the fact that in McMahon et al. v. Brown et al., supra, this Court was not considering a judgment in alimony but we were interpreting the various code sections relating to suits upon money judgments and reached the conclusion that the minute a judgment is filed, entered and docketed the time upon which suit may be brought begins to run. There is really no reason for making an exception even in case of alimony judgments, if within the time the judgment owner wishes to extend the life of the judgment, suitable statutory proceedings are available. There are jurisdictions which hold that judgments for alimony installments are subject to the same incidents as any other judgment as regards being barred by limitation statutes. Eubank v. Eubank, Mo. App., 29 S.W.2d 212.
The statute of limitations being urged as a defense to the contempt proceedings and more than 20 years having expired since the docketing of the judgment it would appear that there is no foundation for the contempt proceedings.