O'Hagan v. of O'Hagan
Supreme Court of Iowa
Appeal from the Dubuque District Court. Prick to the October term, 1851, of the District Court of Dubuque county, the complainant filed her petition therein, asking a divorce from the bonds of matrimony existing between her and her husband, Charles O’Hagan. At that term a divorce was decreed as prayed, and the husband required to pay a certain sum, “ in full, as alimony,” to the said petitioner.
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Appeal from the Dubuque District Court. Prick to the October term, 1851, of the District Court of Dubuque county, the complainant filed her petition therein, asking a divorce from the bonds of matrimony existing between her and her husband, Charles O’Hagan. At that term a divorce was decreed as prayed, and the husband required to pay a certain sum, “ in full, as alimony,” to the said petitioner. At the October term, 1854, she filed the bill in this cause, setting forth various reasons why the former decree, so far as it related to alimony, should be changed, and praying that it should be so…
1Opinion of the Court
Weight, C. J.[1]
This bill was filed under section 1485 of tbe Code, wbicb gives to tbe court decreeing a divorce, tbe power to make such order in relation to tbe children and property of tbe parties, and tbe maintenance of tbe wife, as shall be right and proper, and wbicb also provides, that “ subsequent changes may be made by tbe court in these respects, when circumstances render them expedient.” Does a proceeding asking such change, os modification, abate by tbe death of tbe husband ? is tbe only question presented for our determination. We clearly think it does. What is alimony, and what…
2Cases cited2 opinions
- Wallingsford v. WallingsfordCourt of Appeals of Maryland · 1825
- Jolly v. JollySupreme Court of Iowa · 1855
3Cited by21 opinions
- Spain v. SpainSupreme Court of Iowa · 1916
- Graves v. GravesSupreme Court of Iowa · 1873
- Staub v. StaubCourt of Appeals of Maryland · 1936
- Murphy v. MoyleUtah Supreme Court · 1898
- Stratton v. StrattonSupreme Judicial Court of Maine · 1885
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