Rush v. Rush
Supreme Court of Iowa
Appeal from Monroe District Court. This is a proceeding to set aside a decree of divorce. The plaintiff avers in her petition that the decree was obtained by fraud and perjury; that notice was served by publication only, and that she had no actual knowledge of the pendency of the suit. The decree of divorce was obtained on the 21st day of April, 1875. The petition in this proceeding was filed on the 20th day of April, 1876, and was not verified by afiidavit.
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Appeal from Monroe District Court. This is a proceeding to set aside a decree of divorce. The plaintiff avers in her petition that the decree was obtained by fraud and perjury; that notice was served by publication only, and that she had no actual knowledge of the pendency of the suit. The decree of divorce was obtained on the 21st day of April, 1875. The petition in this proceeding was filed on the 20th day of April, 1876, and was not verified by afiidavit. To-the petition the defendant filed a demurrer, the grounds of-which may be. stated to be, in substance, as follows: First: A decree of…
1Opinion of the CourtAdams, J.
1 dtvouch: set aside fraud. The petition in this proceeding was filed under section 3154 of the Code, which provides for the vacating of a judgment or order after the term at which it is ma-de, aud among the grounds set out is that of fraud practiced by the successful party in obtaining the judgment or order. It is contended by the appellee, however, that the section was not designed to provide for the vacating of a decree of divorce, because the rights and interests of society and of innocent third parties may be involved. Upon this point our attention is called to Folsom v. Folsom, 55 N.…
2Cases cited11 opinions
- Johnson v. ColemanWisconsin Supreme Court · 1868
- Crouch v. CrouchWisconsin Supreme Court · 1872
- Wile v. WrightSupreme Court of Iowa · 1871
- Singer v. SingerNew York Supreme Court · 1863
- Weatherbee v. WeatherbeeWisconsin Supreme Court · 1866
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Rehfuss v. RehfussCalifornia Supreme Court · 1915
- Caswell v. CaswellIllinois Supreme Court · 1887
- Lawrence v. NelsonSupreme Court of Iowa · 1901
- Swift v. SwiftSupreme Court of Iowa · 1947
- Williamson v. WilliamsonSupreme Court of Iowa · 1917
17 more not listed; retrieve them via the Exa API.