Lowery v. Lowery
Supreme Court of Iowa
Appeal from Greene District Court.- — Hon. Z. A. Church, Judge. Suit in equity for a divorce. Defendant filed answer and a cross-petition, in which she also- asked for a divorce, with alimony, temporary and permanent. On the issues joined the case was tried to the court, resulting in a decree in plaintiff’s favor, and dismissing defendant’s cross-bill. The property rights of the parties were also adjudicated in the decree entered. Defendant appeals. —
1Opinion of the CourtDeemer, J.
i Divorce- appíete record": tnai de novo. — After the trial in the district court some of the exhibits, consisting of various letters written by defendant to plaintiff, were lost, and, it being impossible to procure the same, in order to present the case to this court defendant and appeq[ant SOught to have substitution made by the lower court or judge trying the case. The trial judge found that substitution could not be made, and on appeal to this court that finding was approved. See Lowery v. Lowery, 139 Iowa, 363. Notwithstanding this, the case is now presented upon a record which is…
2Cases cited8 opinions
- Ormsby v. GrahamSupreme Court of Iowa · 1904
- Sherwood v. SherwoodSupreme Court of Iowa · 1876
- Loomis v. McKenzieSupreme Court of Iowa · 1878
- Wicke v. Iowa State InsuranceSupreme Court of Iowa · 1894
- Shear v. BrinkmanSupreme Court of Iowa · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Moore v. MooreSupreme Court of Delaware · 1958
- Enslow v. MinerSupreme Court of Iowa · 1940
- Hoovler v. WolfeSupreme Court of Iowa · 1954
- Merritt v. Ludwig-WieseSupreme Court of Iowa · 1931