Rea v. Rea
Supreme Court of Iowa
Appeal from Lee District Court.- — Host. W. S. Withrow, Judge. On the 5th day of October, 1898; a decree was entered in the district court of Lee county, at Keokuk, divorcing this plaintiff from the defendant, Delta D Rea; and, although the notice was by publication only, she was allowed alimony in the sum of $20,000, for which a personal judgment was entered.
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Appeal from Lee District Court.- — Host. W. S. Withrow, Judge. On the 5th day of October, 1898; a decree was entered in the district court of Lee county, at Keokuk, divorcing this plaintiff from the defendant, Delta D Rea; and, although the notice was by publication only, she was allowed alimony in the sum of $20,000, for which a personal judgment was entered. On the .1st of October, 1900, the defendant moved for a retrial, and that the judgment be- set aside, and in support of the motion showed that he had applied for a divorce in-South Dakota; that this plaintiff appeared and filed answer…
1Opinion of the CourtLadd, J.
i at.imo.n-vagaSstSonresident. The defendant Elizabeth Rea only was? served with notice and defends. She pleaded to the jurisdiction of the court, and, this being overruled, omitted to file any farther answer. Had no evidence been adduced, there might have been something in the suggestion that the allegations of the petition should be taken as true. Rut evidence was introduced from which it conclusively appeared that the plaintiff’s judgment wss void, and that plaintiff was entitled to no relief. *243The service was by publication only, and there was no appearance. True, the statutes authorize…
2Cases cited14 opinions
- Rigney v. . RigneyNew York Court of Appeals · 1891
- Beard v. BeardIndiana Supreme Court · 1863
- Briggs v. SneghanIndiana Supreme Court · 1873
- Godfrey v. ValentineSupreme Court of Minnesota · 1888
- Twing v. O'MearaSupreme Court of Iowa · 1882
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Addy v. AddySupreme Court of Iowa · 1949
- Hood v. HoodSupreme Court of Georgia · 1908
- Burkhart v. Circuit Court of the Eleventh Judicial CircuitSupreme Court of Florida · 1941
- Shipley v. ShipleySupreme Court of Iowa · 1919
- Kell v. KellSupreme Court of Iowa · 1917
11 more not listed; retrieve them via the Exa API.