Legal Opinion

Horak v. Horak

Supreme Court of Iowa

Decided December 17, 1885PublishedCited by 5 opinions

Appeal from Linn District Gov/rt. Ti-ie plaintiff, who is the wife of the defendant, brought this action to recover alimony upon the ground that the defendant had driven plaintiff away from her home. The defendant moved that the place of trial be changed to Johnson county, the place of his residence. The motion was overruled, and defendant aj>peals.

1Opinion of the CourtEothrock, J.

It appears from the averments of the petition that the plaintiff is a resident of Linn county. The defendant is a resident of Johnson county. Counsel for the defendant insist that a suit for alimony is purely a personal action, and should be brought in the county of the defendant’s residence, and that -the court erred in overruling the motion to change the place of trial. After the motion was overruled the defendant filed an answer, and no further action was taken in the case. The appeal was taken from the order overruling the motion.

We have held that an appeal will not lie from a ruling made…

2Cases cited1 opinion

  1. Allerton v. EldridgeSupreme Court of Iowa · 1881

3Cited by5 opinions

  1. Foss v. CoblerSupreme Court of Iowa · 1898
  2. Northwestern Trading Co. v. Western Live Stock InsuranceSupreme Court of Iowa · 1917
  3. Robertson Lumber Co. v. JonesNorth Dakota Supreme Court · 1904
  4. Atchison, Topeka & Santa Fe Railway Co. v. MershonSupreme Court of Iowa · 1917
  5. Smith v. MorrisonSupreme Court of Iowa · 1927

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