Young v. Young
Supreme Court of Iowa
Appeal from Black Hditik District Court. — Charles W. Mullan, Judge. The parties were divorced in 1907. A stipulation was entered into in connection with the decree of divorce. This action is based upon that stipulation, possibly upon the stipulation and the decree. In this action, appellee seeks to hold appellant liable on account of certain expenditures made by her in the education and maintenance of the child of the appellant.
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Appeal from Black Hditik District Court. — Charles W. Mullan, Judge. The parties were divorced in 1907. A stipulation was entered into in connection with the decree of divorce. This action is based upon that stipulation, possibly upon the stipulation and the decree. In this action, appellee seeks to hold appellant liable on account of certain expenditures made by her in the education and maintenance of the child of the appellant. Of the allowance made by the trial court, the appellant here and now complains.
1Opinion of the CourtSalinger, J.
I. The parties were divorced on June 3, 1907. The appellant contends that the stipulation and the decree are not identical in provision; that the decree controls; that it remains effective until changed upon a direct application to modify; and that there has been no such application. Conceding this to be true, for the purposes of statement, we are confronted with the claim of appellant that the allowances made by the court and now complained of work a collateral and unauthorized modification of the decree. See Shaw v. McHenry, 52 Iowa 182; Reid v. Reid, 74 Iowa 681; Kinney v. Kinney, 150 Iowa…
2Cases cited29 opinions
- Slaughter v. Coke CountyCourt of Appeals of Texas · 1904
- Kinney v. KinneySupreme Court of Iowa · 1911
- Reid v. ReidSupreme Court of Iowa · 1888
- White v. WhiteSupreme Court of Iowa · 1888
- Marsteller v. CrappIndiana Supreme Court · 1878
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