Campbell v. Campbell
Supreme Court of Iowa
Appeal from Adair District Court — Hon. J. H. Henderson, Judge. Action for a divorce and for alimony brought by the plaintiff, Susanna Campbell, against the defendant on the ground of adultery. The defendant pleaded connivance and condonation, and the plaintiff denied the same. While this action was pending in the court below, the plaintiff moved for an order of allowance to enable her to defray her expenses in the prosecution of the suit.
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Appeal from Adair District Court — Hon. J. H. Henderson, Judge. Action for a divorce and for alimony brought by the plaintiff, Susanna Campbell, against the defendant on the ground of adultery. The defendant pleaded connivance and condonation, and the plaintiff denied the same. While this action was pending in the court below, the plaintiff moved for an order of allowance to enable her to defray her expenses in the prosecution of the suit. The court made an order allowing her $350, and from that order the defendant appeals.
1Opinion of the Court
Adams, Oh. J.
1 divorce: aihnonyU ground of. I. The defendant insists that the affidavits filed in resistance to the motion show that the plaintiff is not entitled to a divorce. But we do not think that upon the question of an allowance of suit-money the plaintiff was bound to show that she was entitled to a divorce. The very obiect which she has in view *483in asking for the allowance is to put herself in a condition to show that sho is entitled to a divorce.
2._._: tionandPdMserty! prop II. It seems to be undisputed that the parties in 1885, or prior thereto, separated, and soon thereafter made a…
2Cases cited5 opinions
- Martin v. MartinSupreme Court of Iowa · 1884
- Foss v. FossIllinois Supreme Court · 1881
- Sumner v. SumnerWisconsin Supreme Court · 1882
- Small v. SmallSupreme Court of Iowa · 1875
- Harrison v. HarrisonMichigan Supreme Court · 1882
3Cited by8 opinions
- Hay v. HayIdaho Supreme Court · 1924
- Snider v. SniderIndiana Supreme Court · 1913
- Hiett v. HiettNebraska Supreme Court · 1905
- Mengel v. MengelSupreme Court of Iowa · 1912
- Eastman v. EastmanSupreme Court of Iowa · 1913
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