Prosser v. Prosser
Supreme Court of Iowa
Appeal from Wapello District Oourt. On the twelfth clay of January, 1883, the plaintiff filed her petition against the defendant for a divorce. The original notice was personally served on the defendant on the sixteenth day of January, 1883. At the time of the filing of the petition, plaintiff'filed a motion for temporary alimony, together with affidavits in support thereof.
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Appeal from Wapello District Oourt. On the twelfth clay of January, 1883, the plaintiff filed her petition against the defendant for a divorce. The original notice was personally served on the defendant on the sixteenth day of January, 1883. At the time of the filing of the petition, plaintiff'filed a motion for temporary alimony, together with affidavits in support thereof. A notice of this motion was by the direction of the judge of the district court served upon the defendant at the same time that the original notice was served. The notice of the motion was to the effect that the…
1Opinion of the Court
Rothrock, Cii. J.
The question presented in this case is, whether a judge in vacation, upon the commencement of a suit for divorce, and before the term at which the defendant is required to appear to the action, may render a j udgment *380for temporary alimony, upon, an application made for that purpose.
Section 2226 of tbe Code provides that “tbe court may order either party to pay the clerk a sum of money for the separate support and maintenance of the adverse party and the children, and to enable such party to prosecute or defend the action.” The power to make the order is, by this provision,…
2Cited by6 opinions
- Bristol Savings Bank v. JuddSupreme Court of Iowa · 1902
- Carey v. District CourtSupreme Court of Iowa · 1939
- Guardianship of Kimble v. DaileySupreme Court of Iowa · 1905
- Walsmith v. JacksonSupreme Court of Iowa · 1923
- Mengel v. MengelSupreme Court of Iowa · 1912
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