Fagan v. Fagan
Supreme Court of Iowa
Appeal from Calhoun District Court. — E. Gr. Albert, Judge. Both parties seek a divorce on the ground of desertion. Opinion states the facts. Decree for the plaintiff in the court from which the appeal is taken. Defendant appeals.
1Opinion of the CourtG-aynor, J.
In this action, plaintiff asks a divorce on the ground of desertion. Defendant, in a cross-petition, also asks a divorce on the same ground. The grounds upon *1281which plaintiff predicates her right to a divorce are not clearly defined in her petition. It is asserted by her in argument that divorce is sought on the ground of desertion. Her petition, however, so commingles charges of cruel and inhuman treatment with the charge of desertion that we find it necessary to construe the whole record, to ascertain the real grounds upon which she rests her claim. After a complete examination of the…
2Cases cited6 opinions
- Day v. DaySupreme Court of Iowa · 1892
- Tipton v. TiptonSupreme Court of Iowa · 1915
- Tallmon v. TallmonSupreme Court of Iowa · 1914
- Arment v. ArmentSupreme Court of Iowa · 1912
- McElhaney v. McElhaneySupreme Court of Iowa · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Nelson v. NelsonSupreme Court of Iowa · 1955