Legal Opinion

Scott v. Scott

Supreme Court of Iowa

Decided March 14, 1916PublishedCited by 33 opinions

Appeal from Pottawattamie District Court. — Thomas Arthur, Judge. The parties hereto were married in 1900 and separated in January or March, 1912. At that time, their residence was in St. Joe, Missouri. She, with their son Melvin, moved to Council Bluffs on April 18,1913, and began suit for divorce August 7th following. The petition charged him with cruel and inhuman treatment, and prayed both for divorce and the custody of the child.

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Appeal from Pottawattamie District Court. — Thomas Arthur, Judge. The parties hereto were married in 1900 and separated in January or March, 1912. At that time, their residence was in St. Joe, Missouri. She, with their son Melvin, moved to Council Bluffs on April 18,1913, and began suit for divorce August 7th following. The petition charged him with cruel and inhuman treatment, and prayed both for divorce and the custody of the child. Notice was served on him personally in Pottawattamie County; and,' on September 3d of the same year, he filed a special .appearance, attacking the jurisdiction…

1Opinion of the CourtLadd, J.

The petition praying that the bonds of matri*744mony be severed was filed August 7, 1913. The original notice was served personally on the defendant in Pottawattamie County; and, on September 3d of the same year, he specially appeared and challenged the jurisdiction of the court on the grounds that the plaintiff, at the beginning of the suit, had not resided in Iowa the year preceding, and that he was not a resident of Iowa. This was overruled September 20th, and on September 30, 1913, as he did not appear generally, default was entered against him, and on hearing, a decree of divorce, including…

2Cases cited13 opinions

  1. Meixell v. KirkpatrickSupreme Court of Kansas · 1883
  2. Crockett v. CrockettSupreme Court of Iowa · 1906
  3. Hawkeye Ins. v. DuffieSupreme Court of Iowa · 1885
  4. Perry v. KasparSupreme Court of Iowa · 1901
  5. Porter v. Chicago & Northwestern Railway Co.Nebraska Supreme Court · 1871

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3Cited by33 opinions

  1. Spratt v. SprattSupreme Court of Minnesota · 1921
  2. Chicago and Northwestern Railway Co. v. FachmanSupreme Court of Iowa · 1963
  3. Stucker v. County of MuscatineSupreme Court of Iowa · 1958
  4. Martin Bros. Box Co. v. FritzSupreme Court of Iowa · 1940
  5. Harris v. HarrisSupreme Court of Iowa · 1927

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