Legal Opinion
Gammelgaard v. Gammelgaard
Supreme Court of Iowa
Decided June 19, 1956No. 48938PublishedCited by 15 opinions
1Opinion of the Court
Thompson, J.—
The major question involved in the case at bar is factual. It concerns an alleged common-law marriage between the parties, the existence of which the plaintiff asserts and defendant denies. No other form of marriage is claimed; so plaintiff’s case must rest upon proof of the common-law relationship. The burden to establish the marriage is upon the one who asserts it. Pegg v. Pegg, 138 Iowa 572, 576, 115 N.W. 1027, 1029.
Common-law marriages are recognized as valid in Iowa. In re Estate of Stopps, 244 Iowa 931, 57 N.W.2d 221, and cases cited. To establish the existence of such a…
2Cases cited7 opinions
- Pegg v. PeggSupreme Court of Iowa · 1908
- Crouse v. StoppsSupreme Court of Iowa · 1953
- Wittick v. WittickSupreme Court of Iowa · 1914
- In Re Stopp's EstateSupreme Court of Iowa · 1953
- State v. GrimesSupreme Court of Iowa · 1933
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- In Re the Marriage of WinegardSupreme Court of Iowa · 1977
- Cooper v. CooperCalifornia Court of Appeal · 1959
- Fisher v. Fisher Ex Rel. PepinSupreme Court of Iowa · 1970
- In Re Estate of DallmanSupreme Court of Iowa · 1975
- In Re Long's EstateSupreme Court of Iowa · 1960
10 more not listed; retrieve them via the Exa API.