Barney v. Barney
Supreme Court of Iowa
Appeal from Jasper District Court. Divorce. The facts are sufficiently stated in the opinion of the court. 1. The cause has never been appealed in the manner prescribed by the law, no notice of appeal having been served upbn the appellee; and the order of revivor was made before the court acquired jurisdiction. Code of 1851, § 1794; McClelland v. McClelland, 2 Iowa, 313 ; Lewis v. Miller, 4 G. Greene, 96; Anderson v. White, 10 Paige’s Oh.
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Appeal from Jasper District Court. Divorce. The facts are sufficiently stated in the opinion of the court. 1. The cause has never been appealed in the manner prescribed by the law, no notice of appeal having been served upbn the appellee; and the order of revivor was made before the court acquired jurisdiction. Code of 1851, § 1794; McClelland v. McClelland, 2 Iowa, 313 ; Lewis v. Miller, 4 G. Greene, 96; Anderson v. White, 10 Paige’s Oh. R. f 2. The proceedings in revivor were irregular in this : that no notice of the application was served upon the minor heirs, and no guardians ad litem was…
1Opinion of the CourtBaldwin, C. J.
The complainant obtained a decree of the District Court of Jasper county, divorcing her from the respondent, and giving to her the care and custody of the minor children. It was further ordered in the decree, that the complainant hold and enjoy all rights of property which she had before her marriage, or which had accrued from her separate estate, free fropi all interference or control of said defendant. In a few weeks after this decree was obtained, the complainant died. The defendant after the death of complainant, and within the time for taking an.appeal, served a notice upon the clerk of…
2Cases cited1 opinion
- McClellan v. McClellanSupreme Court of Iowa · 1855
3Cited by18 opinions
- Wood v. WoodSupreme Court of Iowa · 1907
- Lawrence v. NelsonSupreme Court of Iowa · 1901
- Begbie v. BegbieCalifornia Supreme Court · 1900
- Maghee v. StateSupreme Court of Iowa · 2009
- Amended July 31, 2015 In RE the Marriage of Susan Michelle Thatcher and Ronald Dean Thatcher Upon the Petition of Susan Michelle Thatcher, Anna Carson as for the Estate of Susan Michelle ThatcherSupreme Court of Iowa · 2015
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