Legal Opinion

Brett v. Brett

Supreme Court of Iowa

Decided April 6, 1921PublishedCited by 15 opinions

Appeal from Cerro Gordo District Court. — C. H. Kelley, Judge. Plaintiff and defendant were married December 8, 1910, in Wisconsin, and lived together as husband and wife until August, 1917, except that she had left him for a few months, prior thereto. At the time of the trial, she was 53 years of age, and he was 55 or 56. There are no children by this marriage. Defendant had been married before, and divorced, but has no children.

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Appeal from Cerro Gordo District Court. — C. H. Kelley, Judge. Plaintiff and defendant were married December 8, 1910, in Wisconsin, and lived together as husband and wife until August, 1917, except that she had left him for a few months, prior thereto. At the time of the trial, she was 53 years of age, and he was 55 or 56. There are no children by this marriage. Defendant had been married before, and divorced, but has no children. The plaintiff: had one child by her first husband, years ago. On October 25, 1917, plaintiff filed her petition for separate maintenance, but later amended her…

1Opinion of the CourtPreston, J.

The record is very large. TRe parties seem to have combed several states for testimony. All the depositions, transcripts of evidence, and exhibits have been certified. The questions are largely of fact. There were many witnesses. The evidence is very conflicting. Every circumstance and detail has been threshed out. Manifestly, it is impracticable to state more than the general character of the evidence, and our conclusions.

The two main points relied upon- by appellant are as to the legality of the marriage, and the amount of alimony in case the marriage is held to have been legal, and…

2Cases cited45 opinions

  1. Kenner v. KennerTennessee Supreme Court · 1917
  2. Mohler v. Estate of ShankSupreme Court of Iowa · 1895
  3. Spain v. SpainSupreme Court of Iowa · 1916
  4. Gildersleeve v. GildersleeveSupreme Court of Connecticut · 1914
  5. Muir v. MuirCourt of Appeals of Kentucky · 1906

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3Cited by15 opinions

  1. Locke v. LockeSupreme Court of Iowa · 1976
  2. In Re the Marriage of BeehSupreme Court of Iowa · 1974
  3. In Re Marriage of WinegardSupreme Court of Iowa · 1979
  4. Miller v. MillerSupreme Court of Iowa · 1925
  5. In Re Estate of ClarkSupreme Court of Iowa · 1940

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