Wharton v. Wharton
Supreme Court of Iowa
Appeal from Jasper District Court. The plaintiff commenced an action against the defendant for divorce and for alimony. Afterwards she filed her petition for an injunction, restraining the defendant from disposingof his real estate and personal property, until tlie final disposition of the action for divorce and alimony. The petition described the property, the sale of which was sought to be enjoined. A temporary injunction was granted.
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Appeal from Jasper District Court. The plaintiff commenced an action against the defendant for divorce and for alimony. Afterwards she filed her petition for an injunction, restraining the defendant from disposingof his real estate and personal property, until tlie final disposition of the action for divorce and alimony. The petition described the property, the sale of which was sought to be enjoined. A temporary injunction was granted. Afterwards a motion was made to dissolve the injunction. Upon the hearing of the motion all of the property was released from the operation and restraint of…
1Opinion of the CourtRothrock, J.
i. divorce h“uuotion“y: attachment, The question presented by counsel is whether the plaintiff in an action for divorce and alimony is entitled, upon a proper showing, to an injunction restrain-log the disposition of property by the defendant, It is conceded that such a proceeding may properly be had under section 3386 and 3388 of the Code, unless the remedy by attachment, provided in proceedings for divorce, by section 2227, is exclusive. It is contended that it is an exclusive remedy, and not merely cumulative. We think it is quite clear that it is cumulative only, and that notwithstanding…
2Cited by3 opinions
- Burke v. BurkeSupreme Court of Colorado · 1953
- People ex rel. Smith v. District Court of Second Judicial DistrictSupreme Court of Colorado · 1895
- Dullard v. PhelanSupreme Court of Iowa · 1891