Wilson v. Wilson
Supreme Court of Iowa
Appeal from Pottawattamie District Gowrt. The parties hereto were married in the province of Nova Scotia in the year 1843. In 1871 a decree of divorce was entered in the court below, at the suit of th' defendant herein. It was charged in the petition for divorce that the plaintiff herein had been guilty of adultery and desertion.
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Appeal from Pottawattamie District Gowrt. The parties hereto were married in the province of Nova Scotia in the year 1843. In 1871 a decree of divorce was entered in the court below, at the suit of th' defendant herein. It was charged in the petition for divorce that the plaintiff herein had been guilty of adultery and desertion. There was no appearance to the petition for divorce by plaintiff, she being at that time a non-resident of this State and a resident of New Brunswick. On the 26th day of November, 1877, the petition in this action was filed, setting forth that the decree of divorce…
1Opinion of the Court
Rothrock, Ch. J.
1. divorce: action to set aside decree: alimony. This record presents the question whether, in this proceeding to set aside and vacate a decree of divorce, it is within the power of the court to require the defendant to pay to plaintiff a sum of 'money to enable her to prosecute the action.
The Code, § 2226, authorizes such an order to be made in actions for divorce, and, under section 2233, it is authorized in proceedings to annul illegal marriages. This action is neither an action for divorce nor to annul a marriage. The decree of divorce which it is sought to vacate and set…
2Cases cited4 opinions
- Graves v. GravesSupreme Court of Iowa · 1873
- Whitcomb v. WhitcombSupreme Court of Iowa · 1877
- Whetstone v. WhetstoneSupreme Court of Iowa · 1871
- York v. YorkSupreme Court of Iowa · 1872
3Cited by11 opinions
- Daniels v. DanielsSupreme Court of Colorado · 1886
- McCoy v. McCoySupreme Court of Iowa · 1921
- McFarland v. McFarlandSupreme Court of Iowa · 1879
- Tabeling v. TabelingCourt of Appeals of Maryland · 1929
- Chapman v. ParsonsWest Virginia Supreme Court · 1909
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