Legal Opinion

Love v. Love

Supreme Court of Iowa

Decided March 24, 1919PublishedCited by 19 opinions

Appeal 'from Cerro Gordo District Court. — J. J. Clark, Judge. Suit for divorce. . Judgment and decree in favor of plaintiff. Defendant appeals.

1Opinion of the CourtStevens, J.

I. But two questions are presented for decision upon this appeal: (a) Were defendant and plaintiff husband and wife at the time the decree of divorce was entered; and (b) does the proof sustain her claim of statutory desertion, the only ground alleged in her petition for a divorce?

Plaintiff alleges, and relies upon, a common-law marriage. Marriage, as defined by Section 3139 of the Code, “is a civil contract, requiring the consent of the parties capable of entering into other contracts, except as herein otherwise declared.” The marriage ib denied by the defendant, and the parties have not at…

2Cases cited8 opinions

  1. Hulett v. CareySupreme Court of Minnesota · 1896
  2. Blanchard v. LambertSupreme Court of Iowa · 1876
  3. Bishop v. Brittain Investment Co.Supreme Court of Missouri · 1910
  4. McFarland v. McFarlandSupreme Court of Iowa · 1879
  5. Tipton v. TiptonSupreme Court of Iowa · 1915

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3Cited by19 opinions

  1. Cooper v. CooperCalifornia Court of Appeal · 1959
  2. Crouse v. StoppsSupreme Court of Iowa · 1953
  3. Abramson v. AbramsonNebraska Supreme Court · 1956
  4. In Re Stopp's EstateSupreme Court of Iowa · 1953
  5. Johnson v. JohnsonSupreme Court of Minnesota · 1943

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