Harlow v. Harlow
Supreme Court of Iowa
Appeal from Dallas District Court. — Hon. J. D. Gamble, Judge. ' . In an action for separate maintenance, asked on the ground that defendant had ceased to live with plaintiff as his wife and had ceased to contribute anything to' her support, there was an application for support money pending litigation.
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Appeal from Dallas District Court. — Hon. J. D. Gamble, Judge. ' . In an action for separate maintenance, asked on the ground that defendant had ceased to live with plaintiff as his wife and had ceased to contribute anything to' her support, there was an application for support money pending litigation. A demurrer to this application was overruled, and on evidence introduced on each side-the court awarded to plaintiff $50 for attorney’s fees and $25 per month for five months. From this order the defendant appeals.
1Opinion of the CourtMcClain, J.
The position of appellant is that separate maintenance - can not be allowed without allegation and proof of a cause for divorce, and, as no cause for divorce is alleged in plaintiff’s petition, it was error to allow plaintiff anything for attorney’s fees or temporary support during litigation.
„ i. Husband and wife: abandonment: maintenance: evidence. There seems to be no doubt of the rule in this state that separate maintenance should not be granted without the existence of a ground for divorce is shown. Shors v. Shors, 133 Iowa, 22. On the other hand, it # ' 7 is well settled that where…
2Cases cited7 opinions
- Graves v. GravesSupreme Court of Iowa · 1873
- Shors v. ShorsSupreme Court of Iowa · 1906
- Simpson v. SimpsonSupreme Court of Iowa · 1894
- Russell v. RussellSupreme Court of Iowa · 1911
- Finn v. FinnSupreme Court of Iowa · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Avery v. AverySupreme Court of Iowa · 1945
- Davis v. DavisSupreme Court of Iowa · 1930
- Russell v. RussellSupreme Court of Iowa · 1911
- Peters v. PetersSupreme Court of Iowa · 1957
- Krotz v. KrotzSupreme Court of Iowa · 1929
7 more not listed; retrieve them via the Exa API.