Bisby v. Mould
Supreme Court of Iowa
Original proceeding in this court by certiorari. The return makes it appear that in May, 1907, this plaintiff filed in the office of the clerk of the district court of Plymouth county a petition setting forth that theretofore he had been married to Etta Bisby, and that at the time of such marriage she, the said Etta, was insane,. which fact was unknown to plaintiff. The prayer was that the said marriage be annulled.
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Original proceeding in this court by certiorari. The return makes it appear that in May, 1907, this plaintiff filed in the office of the clerk of the district court of Plymouth county a petition setting forth that theretofore he had been married to Etta Bisby, and that at the time of such marriage she, the said Etta, was insane,. which fact was unknown to plaintiff. The prayer was that the said marriage be annulled. With said petition was filed an affidavit for service of notice by publication, setting forth the fact of the, nonresidence of the said Etta. An original notice was published in…
1Opinion of the CourtBishop, J.
By Code, section 3182, being part of chapter 3, title 16, entitled “ Of Divorce, Annulling Marriages and Alimony,” it is provided that a marriage may be annulled where either party was insane or idiotic at the time of such marriage; and in the succeeding section it is provided that a petition shall be filed as in an action for divorce, and all the provisions of the chapter relating to actions for divorce shall apply to such action to annul. The initial section (3171) of the chapter provides that the district court of the county where either party resides shall have jurisdiction in all actions…
2Cited by2 opinions
- Blachly v. BlachlySupreme Court of Iowa · 1915
- State v. ScogginNew Mexico Supreme Court · 1955