Mitvalsky v. Mitvalsky
Supreme Court of Iowa
Appeal from Linn District Court. — Milo P. Smith, Judge. The appeal is by the plaintiff. She complains that the allowance of alimony to her and the provision for the support of the children of the parties are both inadequate. —
1Opinion of the CourtSalingeR, J.
1. Divorce: failure to appeal as bearing -I. If, as here, there is no appeal taken iron decree of divorce because of cruel conduct on part of a husband, it becomes settled there was such cruelty as to warrant the divorce. Therefore, on appeal of the wife from the ali-11 _ _ _ _ _ mony allowance made her, the husband may not question that he was guilty of cruelty sufficient to sustain the deciee. But why may he not urge that his conduct will not justify a larger allowance than was made ? On the question of what is proper alimony, his misconduct is to be considered, and so is relative…
2Cases cited4 opinions
- Zuver v. ZuverSupreme Court of Iowa · 1873
- Aitchison v. AitchisonSupreme Court of Iowa · 1896
- Closz v. CloszSupreme Court of Iowa · 1918
- Sesterhen v. SesterhenSupreme Court of Iowa · 1882
3Cited by10 opinions
- Stillmunkes Ex Rel. Stillmunkes v. StillmunkesSupreme Court of Iowa · 1954
- Spaulding v. SpauldingSupreme Court of Iowa · 1973
- Fitch v. FitchSupreme Court of Iowa · 1929
- Black v. BlackSupreme Court of Iowa · 1925
- Betzel v. BetzelSupreme Court of Iowa · 1968
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