Legal Opinion

Platner v. Platner

Supreme Court of Iowa

Decided June 6, 1885PublishedCited by 10 opinions

Appeal from Fremont Cvreuit Court. The petition and amendment thereto state that the plaintiff and the defendant Henry Platner are husband and wife, and that they are living'separate and apart from each other; that the said defendant refuses to contribute to the support of the plaintiff and her children, and she asks that she be allowed alimony for their support. She does not ask for a divorce.

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Appeal from Fremont Cvreuit Court. The petition and amendment thereto state that the plaintiff and the defendant Henry Platner are husband and wife, and that they are living'separate and apart from each other; that the said defendant refuses to contribute to the support of the plaintiff and her children, and she asks that she be allowed alimony for their support. She does not ask for a divorce. The petition further states that her husband has fraudulently conveyed his property to his co-defendants, and she asks that whatever amount is allowed her shall be made a lien on the real- estate so…

1Opinion of the Court

Seevers, J., i. HUSBAND u”onywith-1' out divorce. I. The cause is triable de novo in this court, and it is contended by counsel for appellants that permanent alimony cannot be decreed “ without a divorce for *1 causes which would authorize a divorce.” " In Farber v. Farber, 64 Iowa, 362, it was contended that alimony could not be granted except for a cause which would warrant a decree of divorce; and in Graves v. Graves, 36 Iowa, 310, and Whitcomb v. Whitcomb, 46 Id., 437, it was held that an action like the present could be maintained. In none of these cases was it claimed that there was any…

2Cases cited2 opinions

  1. Graves v. GravesSupreme Court of Iowa · 1873
  2. Farber v. FarberSupreme Court of Iowa · 1884

3Cited by10 opinions

  1. Cochran v. CochranNebraska Supreme Court · 1894
  2. In re PopejoySupreme Court of Colorado · 1899
  3. Avery v. AverySupreme Court of Iowa · 1945
  4. Simpson v. SimpsonSupreme Court of Iowa · 1894
  5. Day v. Mill-Owners' Mutual Fire InsuranceSupreme Court of Iowa · 1888

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