Legal Opinion

McCoy v. McCoy

Supreme Court of Iowa

Decided June 25, 1921PublishedCited by 22 opinions

Appeal from Taylor District Court. — Homer A. FulleR, Judge. Suit by plaintiff against her former husband, asking a de-eree for alimony supplementary to her decree of divorce obtained by her in Arkansas, wherein no alimony was allowed. She also prayed an allowance for the support of a minor child of the marriage. Upon motion of the defendant, the allegations of the petition upon which plaintiff predicated her claims for allowance of alimony to herself were stricken.

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Appeal from Taylor District Court. — Homer A. FulleR, Judge. Suit by plaintiff against her former husband, asking a de-eree for alimony supplementary to her decree of divorce obtained by her in Arkansas, wherein no alimony was allowed. She also prayed an allowance for the support of a minor child of the marriage. Upon motion of the defendant, the allegations of the petition upon which plaintiff predicated her claims for allowance of alimony to herself were stricken. Plaintiff appeals. —

1Opinion of the Court

EváNS, C. J.

The parties were married in Iowa, in June, 1898. At some later time, they removed to Arkansas, where the plaintiff obtained a divorce from the defendant, in August, 1919. The ground of the divorce was the alleged desertion of plaintiff by the defendant for one year-prior to the bringing of her action. The defendant was served by publication only. He was advised, however, of the pendency of the suit; and, in accordance 'with the procedure provided in that state, he was warned personally by letter to appear and make his defense. He did not appear. The court, therefore, obtained no…

2Cases cited10 opinions

  1. Bates v. BodieSupreme Court of the United States · 1918
  2. Spain v. SpainSupreme Court of Iowa · 1916
  3. Blythe v. BlytheSupreme Court of Iowa · 1868
  4. McFarland v. McFarlandSupreme Court of Iowa · 1879
  5. Wilde v. WildeSupreme Court of Iowa · 1873

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3Cited by22 opinions

  1. Helvering v. FitchSupreme Court of the United States · 1940
  2. Addy v. AddySupreme Court of Iowa · 1949
  3. Staub v. StaubCourt of Appeals of Maryland · 1936
  4. Rodda v. RoddaOregon Supreme Court · 1948
  5. Duvall v. DuvallSupreme Court of Iowa · 1932

17 more not listed; retrieve them via the Exa API.

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