Simondson v. Simondson
Supreme Court of Iowa
Appeal from Winneshiek District Gowi't. Action in chancery for divorce. There was a decree dismissing plaintiff’s petition, from which she appeals. The facts upon which the points ruled in the case are based will be found in the opinion.
1Opinion of the CourtBuck, J.
i. puaoticie: utef trufráe1" n0V0‘ The action was tried and the decree rendered on -the 29th day of March, 1878, upon oral evidence, and no orcler> as contemplated by Code, § 2742, was made for presenting the ^evidence in the form of depositions, or for reducing to writing the testimony offered upon the trial. No exceptions were taken to the decree, or any rulings of the court made during the progress of the trial. The appeal was perfected August 1, 1878.
The plaintiff asks for a trial ele novo in this court, which is resisted by defendant.
If the question thus raised is to be determined under…
2Cases cited2 opinions
- Tilton v. SwiftSupreme Court of Iowa · 1874
- Rivers v. ColeSupreme Court of Iowa · 1874
3Cited by4 opinions
- Matter of Application of ShoemakerCalifornia Court of Appeal · 1914
- In re WatermanNevada Supreme Court · 1907
- Davis v. RobinsonSupreme Court of Iowa · 1925
- Bailey v. MalvinSupreme Court of Iowa · 1880