McCraney v. McCraney
Supreme Court of Iowa
Appeal from the Dubuque District Gov/ri. Bill in equity, to so far vacate and set aside a decree of divorce, as to give complainant ber dower, and a distributive share of one-third, in the personal estate of her deceased husband. The material' facts of the case, are as follows: Thomas McCraney was divorced from the complainant, in 1841. The petition was filed by him, and charges her with willful desertion, from August, 1837, to the time of his application.
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Appeal from the Dubuque District Gov/ri. Bill in equity, to so far vacate and set aside a decree of divorce, as to give complainant ber dower, and a distributive share of one-third, in the personal estate of her deceased husband. The material' facts of the case, are as follows: Thomas McCraney was divorced from the complainant, in 1841. The petition was filed by him, and charges her with willful desertion, from August, 1837, to the time of his application. Of the pendency of this application, she had personal service, but to it made no defence. After their separation, they continued to reside…
1Opinion of the CourtWeight, C. J.
This case was before us at the December term, 1856. An opinion was then delivered by a majority of the court, affirming the decree of the court below, The respondent, who is also appellant, filed her petition for a re-hearing, which has been granted; and I am now instructed to prepare an opinion, in which all' the members of the court concur, reversing the decree below, and dismissing complainant’s bill.
The first question, and one that, as now advised, we think disposes of the whole case, is, whether it was legitimate or permissible to render such a decree. The statute in force at the time…
2Cases cited4 opinions
- Cooper v. SunderlandSupreme Court of Iowa · 1856
- Starr v. PeaseSupreme Court of Connecticut · 1831
- Clark v. ClarkSupreme Court of Pennsylvania · 1843
- M'Cafferty v. M'CaffertyIndiana Supreme Court · 1846
3Cited by22 opinions
- Barrington v. BarringtonSupreme Court of Alabama · 1917
- Mohler v. Estate of ShankSupreme Court of Iowa · 1895
- Ellis v. WhiteSupreme Court of Iowa · 1883
- Hamilton v. McNeillSupreme Court of Iowa · 1911
- Mitchell v. MitchellSupreme Court of Iowa · 1921
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