Shaw v. Shaw
Supreme Court of Iowa
Appeal from Monroe District Court. — Hon. W. D. Tisdale, Judge. Application for an allowance of temporary alimony. Allowance of one hundred and. ten dollars ordered paid plaintiff. Defendant appeals.
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Appeal from Monroe District Court. — Hon. W. D. Tisdale, Judge. Application for an allowance of temporary alimony. Allowance of one hundred and. ten dollars ordered paid plaintiff. Defendant appeals. Plaintiff filed her petition, in which she alleged that she was married to defendant in January, 1889, in Wapello county, Iowa; that in June, 1889, a son was born as the fruit of said marriage, who is living and being supported by her; that defendant, without just cause of excuse, abandoned and left her within twelve hours after their marriage, and has ever since absented himself from her; that…
1Opinion of the CourtKinne, J.
*7251 *724I. This case presents the question as to whether an allowance for temporary alimony can properly be made in a case where the existence of the marriage relation is neither admitted nor proven. As a general rule, the allowance of alimony, either temporary or permanent, is based’ upon the existence of the marital relation; and, if such relation is not admitted or established by satisfactory evidence, there can be no allowance made. McFarland v. McFar*725land, 51 Iowa, 567, 2 N. W. Rep, 269; York v. York, 34 Iowa, 530; Smith v. Smith, 61 Iowa, 140, 15 N. W. Rep. 867; Blythe v. Blythe, 25 Iowa, 268;…
2Cases cited10 opinions
- Brinkley v. . BrinkleyNew York Court of Appeals · 1872
- Collins v. . CollinsNew York Court of Appeals · 1877
- Blythe v. BlytheSupreme Court of Iowa · 1868
- McFarland v. McFarlandSupreme Court of Iowa · 1879
- Wier v. StillSupreme Court of Iowa · 1870
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McCoy v. McCoySupreme Court of Iowa · 1921
- Darby v. DarbyTennessee Supreme Court · 1925
- Brett v. BrettSupreme Court of Iowa · 1921
- Doeksen v. DoeksenSupreme Court of Iowa · 1926
- Baker v. CarterSupreme Court of Oklahoma · 1937
3 more not listed; retrieve them via the Exa API.