Mollring v. Mollring
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Thomas Arthur, Judge. The appellant filed a petition to obtain a divorce. Issue was joined upon this. Defendant also filed cross-petition, setting up that a court of competent jurisdiction in Missouri had divorced him from this plaintiff. In the cross-petition, he prayed that he be awarded the custody of the minor child of the parties.
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Appeal from Pottawattamie District Court. — Thomas Arthur, Judge. The appellant filed a petition to obtain a divorce. Issue was joined upon this. Defendant also filed cross-petition, setting up that a court of competent jurisdiction in Missouri had divorced him from this plaintiff. In the cross-petition, he prayed that he be awarded the custody of the minor child of the parties. At the close of all the evidence, the plaintiff and appellant attempted to dismiss her divorce suit without prejudice. The trial court declined to permit this, holding that the dismissal came too late, because the…
1Opinion of the CourtSalinger, J.
1. Appeal and error: decisions reviewable: finality of determination. I. The appellant asks us to determine whether her petition was rightfully dismissed upon the merits. This we may do only if appellant presents a final judgment for our action. She is in no position to claim that there is a final judgment dismissing her petition; for she urges that we should reverse the trial court for holding that she had not dismissed her divorce suit without prejudice. Now, her claim that she did so dismiss is, of necessity, a concession by her that the divorce suit has not been finally determined. All…
2Cases cited29 opinions
- Terry v. . MungerNew York Court of Appeals · 1890
- Davis v. . DavisNew York Court of Appeals · 1878
- Kline v. KlineSupreme Court of Iowa · 1881
- Kearney Milling & Elevator Co. v. Union Pacific Railway Co.Supreme Court of Iowa · 1896
- Thomas v. ThomasIllinois Supreme Court · 1911
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3Cited by30 opinions
- Finlay v. FinlayNew York Court of Appeals · 1925
- Urbach v. UrbachWyoming Supreme Court · 1937
- Helton v. CrawleySupreme Court of Iowa · 1950
- Sauvageau v. SauvageauIdaho Supreme Court · 1938
- May v. MayAppellate Division of the Supreme Court of the State of New York · 1931
25 more not listed; retrieve them via the Exa API.