Luse v. Luse
Supreme Court of Iowa
Appeal from, Monona District Court. — Hon. John F. Oliver, Judge. Action for divorce on the ground of desertion. Defendant answered, denying the allegations of plaintiff’s petition, and interposing a counterclaim for divorce from plaintiff on the ground of misconduct' tending to impair defendant’s health.
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Appeal from, Monona District Court. — Hon. John F. Oliver, Judge. Action for divorce on the ground of desertion. Defendant answered, denying the allegations of plaintiff’s petition, and interposing a counterclaim for divorce from plaintiff on the ground of misconduct' tending to impair defendant’s health. The court sustained a dismissal by plaintiff of his cause of action, and found that there had also been a dismissal by defendant of her counterclaim, and thereupon entered judgment against plaintiff for costs. The defendant appeals.
1Opinion of the CourtMcClain, J.
At the January term of the district court, issues were joined by the filing of defendant’s answer, denying plaintiff’s cause of action, and interposing a counterclaim for divorce from plaintiff, to which counterclaim the plaintiff .filed a reply, denying the allegations thereof. At that term plaintiff filed a motion to set aside an order allowing defendant $50 temporary alimony, alleging- that the motion for temporary alimony had never been assigned for hearing, and plaintiff had had no notice thereof; and, further, that plaintiff had a good defense to said motion. At the April term…
2Cited by3 opinions
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- Oakes v. OakesSupreme Court of Iowa · 1964