Legal Opinion

Whetstone v. Whetstone

Supreme Court of Iowa

Decided April 8, 1871PublishedCited by 12 opinions

Appeal from Wapello District Court. On the 23d day of November, 1869, the plaintiff filed in the Wapello district court a petition for divorce from the defendant, alleging that he had been guilty of various acts of such inhuman treatment as to endanger her life.

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Appeal from Wapello District Court. On the 23d day of November, 1869, the plaintiff filed in the Wapello district court a petition for divorce from the defendant, alleging that he had been guilty of various acts of such inhuman treatment as to endanger her life. The original notice was not served on the defendant until the 17th day of August, 1870. On the 6th day of September the defendant filed his answer, in which he “ states that on the 15th of February, 1870, he was divorced from the plaintiff by the decree of the district court of Guthrie county, Iowa, on the ground that petitioner had…

1Opinion of the Court

Day, Ch. J.

— I. We will consider the errors presented in the inverse order of their assignment. As a bar to the plaintiff’s action of divorce, the defendant pleads a former decree of divorce obtained by him against the plaintiff. The plaintiff replies that the jurisdiction in the suit prosecuted by defendant was obtained by fraud.

This is not an attempt to impeach collaterally the Guthrie county decree. It is made the basis of the defendant’s defense. He interposes it as a reason why plaintiff should not recover. The plaintiff says the decree is fraudulent, and that, therefore, she should not…

2Cases cited3 opinions

  1. Harshey v. BlackmarrSupreme Court of Iowa · 1866
  2. State of Michigan v. . Phoenix BankNew York Court of Appeals · 1865
  3. Rogers v. GwinnSupreme Court of Iowa · 1866

3Cited by12 opinions

  1. Kwentsky v. SirovySupreme Court of Iowa · 1909
  2. Bomsta v. JohnsonSupreme Court of Minnesota · 1888
  3. McFarland v. McFarlandSupreme Court of Iowa · 1879
  4. Rush v. RushSupreme Court of Iowa · 1877
  5. Beeman v. KitzmanSupreme Court of Iowa · 1904

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