Lyster v. Lyster
Supreme Court of Iowa
Appeal from the MahasJca District Court. The husband, John Lyster, filed bis petition for divorce, July 5, 1854. Tbe petition contains a number of general averments, but tbe only one upon wbicb tbe chancellor could, under any circumstances, grant a divorce, is based on tbe eighth clause of section 1482 of Code, viz: “ That the parties cannot live together in peace and happiness, and that their welfare requires a separation.”
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Appeal from the MahasJca District Court. The husband, John Lyster, filed bis petition for divorce, July 5, 1854. Tbe petition contains a number of general averments, but tbe only one upon wbicb tbe chancellor could, under any circumstances, grant a divorce, is based on tbe eighth clause of section 1482 of Code, viz: “ That the parties cannot live together in peace and happiness, and that their welfare requires a separation.” It does not appear that the original notice was ever served on the defendant, but at tbe August term of the District Court, she appeared by attorney, and “ admitted that…
1Opinion of the Court
■Weight, C. J.
We see no sufficient legal reason for granting this divorce. It was entirely in the power of the court below, to examine into the circumstances of the case, notwithstanding the consent of the parties ; and upon such examination, to refuse the prayer of the petitioner. It should be a very clear case, indeed, where it would not be the duty of the court to so inquire. The law requires that *132tbe •court shall be satisfied; that it “ shall be made fully apparent to the court, that the parties cannot live together in peace and happiness,” and not that the parties shall be satisfied. It…
2Cases cited3 opinions
- Boyd v. DunlapNew York Court of Chancery · 1815
- Richardson v. RichardsonSupreme Court of Alabama · 1837
- Palmer v. PalmerNew York Court of Chancery · 1828
3Cited by4 opinions
- Mollring v. MollringSupreme Court of Iowa · 1918
- Inskeep v. InskeepSupreme Court of Iowa · 1857
- Mengel v. MengelSupreme Court of Iowa · 1909
- Craft v. CraftSupreme Court of Iowa · 1975