Shipley v. Shipley
Supreme Court of Iowa
Appeal from Cedar District Court. — F. O. Ellison, Judge. On February 14, 1919, plaintiff instituted suit against her nonresident husband for separate support and mainte.ance, and also that of their daughter, and for custody of the latter.
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Appeal from Cedar District Court. — F. O. Ellison, Judge. On February 14, 1919, plaintiff instituted suit against her nonresident husband for separate support and mainte.ance, and also that of their daughter, and for custody of the latter. She prayed that the costs of the suit, including attorney’s fees and temporary support, be allowed, and, on final hearing, for permanent support of $100 per month; that defendant W. B. Piatt, trustee of an estate left by the husband’s mother, deceased, be ordered to make payment thereof from the income derived from the trust estate; that a writ of…
1Opinion of the CourtLadd, C. J.
lr wrraf’separate aeCT°ee”nnCpubHcation Plaintiff was married to defendant Shipley February 2,1910. There was born to them, about a year later, a daughter, Helene by name. In a decree entered April 1, 1918, he was found to have deserted his wife, and she entitled to the custody of the daughter, then about 7 years old, and -j-0 separate support and maintenance. As service was by publication, personal judgment might not have been rendered against him for support. Rea v. Rea, 123 Iowa 241; Johnson v. Matthews, 124 Iowa 255. Can allowance for separate support of the wife be taken from .the…
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