Hamilton v. Hamilton
Supreme Court of Iowa
Appeal from Washington District Court. — Hon. B. W. Preston, Judge During tlie regular March, 1905, term of the district court, the plaintiff filed a petition asking a divorce from the defendant on the ground of cruelty, and further asking that she be allowed temporary alimony, and that a writ of attachment issue against the property of the defendant. This petition was presented to the court on the 16th day of March, and it was ordered that an attachment issue as prayed.
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Appeal from Washington District Court. — Hon. B. W. Preston, Judge During tlie regular March, 1905, term of the district court, the plaintiff filed a petition asking a divorce from the defendant on the ground of cruelty, and further asking that she be allowed temporary alimony, and that a writ of attachment issue against the property of the defendant. This petition was presented to the court on the 16th day of March, and it was ordered that an attachment issue as prayed. On the same day, the court set the hearing for temporary alimony on the 25th day of March, with directions that the…
1Opinion of the CourtSherwin, J.
*6301 divorce-temporary* ahmony. *629The controlling question is whether the court had jurisdiction to make the order for temporary alimony. The appellant contends that the order of the 16th of March, fixing the hearing for the 25th thereof, was a *630nullity, and that the defendant could not bo compelled to answer the application for temporary alimony until he was required to answer the main peti-fcioii, namely, at the September term. It must be borne in mind that all of the orders were made by (he court during a regular term thereof. That the court liad jurisdiction of the subject-matter, cannot be…
2Cases cited6 opinions
- Lesure Lumber Co. v. Mutual Fire InsuranceSupreme Court of Iowa · 1897
- Locke v. Chicago Chronicle Co.Supreme Court of Iowa · 1899
- Foss v. FossIllinois Supreme Court · 1881
- Moffitt v. Chicago Chronicle Co.Supreme Court of Iowa · 1899
- Prosser v. ProsserSupreme Court of Iowa · 1884
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3Cited by4 opinions
- Hueston v. Preferred Accident InsuranceSupreme Court of Iowa · 1918
- Walsmith v. JacksonSupreme Court of Iowa · 1923
- Molsberry v. BriggsSupreme Court of Iowa · 1916
- Lindsay v. LindsaySupreme Court of Iowa · 1920