Sherwood v. Sherwood
Supreme Court of Iowa
Appeal from Marshall Circwit Oowrt. In July, 1874, the plaintiff brought this action for a divorce, on the ground of the alleged adultery of the defendant. She also claimed alimony and the custody of their only child, a boy of the age of seven years. The defendant, by answer, denied the fact of adultery, and also controverted the allegations of the amount and value of his property, alleged by the plaintiff as the basis of her claim for alimony.
Read the full summary
Appeal from Marshall Circwit Oowrt. In July, 1874, the plaintiff brought this action for a divorce, on the ground of the alleged adultery of the defendant. She also claimed alimony and the custody of their only child, a boy of the age of seven years. The defendant, by answer, denied the fact of adultery, and also controverted the allegations of the amount and value of his property, alleged by the plaintiff as the basis of her claim for alimony. The plaintiff demanded a trial by jury, which the court refused, and thereupon the cause was tried to the court, and resulted in a judgment for the…
1Opinion of the CourtCole, J.
i. practice: on appeal. The first point made by the plaintiff’s counsel is that the court erred in refusing to her a trial by jury. Upon this subject the Code enacts as follows:
*193“Sec. 2740. Issues of fact in an action in an ordinary proceeding, must be tried by jury, unless the same is waived. All other issues shall be tried by the court, unless a reference thereof is made.
“ Sec- 2741. All issues of fact, whether ordinary or equitable, shall be tried upon oral evidence taken in open court, except that depositions may be used as now provided in an action by ordinary proceedings; and upon…
2Cited by16 opinions
- Christianson v. Farmers' Warehouse Ass'nNorth Dakota Supreme Court · 1896
- Ontjes v. McNiderSupreme Court of Iowa · 1937
- Cross v. B. & S. W. R. Co.Supreme Court of Iowa · 1879
- Dumbarton Realty Co. v. EricksonSupreme Court of Iowa · 1909
- State v. HowardSupreme Court of Iowa · 1932
11 more not listed; retrieve them via the Exa API.