Legal Opinion

Fisher v. Fisher

Supreme Court of Iowa

Decided June 22, 1871PublishedCited by 14 opinions

Afgeal from Dvbuque District Oov/rt. The plaintiff, in Ms petition, states that, at the June term, 1862, of the district court of Dubuque county, a decree of divorce was rendered by said court in favor of the plaintiff against the defendant; that said decree provided for payment, by plaintiff, to'defendant, of $150 per annum, as alimony, payable quarterly; that he is now sixty-five years of age, in infirm health, unable to labor or do much by way of attention to business;…

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Afgeal from Dvbuque District Oov/rt. The plaintiff, in Ms petition, states that, at the June term, 1862, of the district court of Dubuque county, a decree of divorce was rendered by said court in favor of the plaintiff against the defendant; that said decree provided for payment, by plaintiff, to'defendant, of $150 per annum, as alimony, payable quarterly; that he is now sixty-five years of age, in infirm health, unable to labor or do much by way of attention to business; that he has been unfortunate in business and met with great losses in money and property; that he has to maintain the…

1Opinion of the CourtMtt.t.ur, J.

The statute provides that after a divorce is granted subsequent changes may be made by the court in reference to the maintenance of the wife, when circumstances render them expedient. Bev., § 2537. Independent of this statutory provision courts of equity had the power, at all times, on proper application, and on any material change in the circumstances of the parties, to increase or reduce the allowance of alimony, whether temporary or permanent. Bishop on Mar. & Div., § 593, and cases cited in notes.

Applications for changes in allotments of permanent alimony are not of frequent occurrence,…

2Cited by14 opinions

  1. Graves v. GravesSupreme Court of Iowa · 1906
  2. Campbell v. CampbellWisconsin Supreme Court · 1875
  3. Ruge v. RugeWashington Supreme Court · 1917
  4. Spain v. SpainSupreme Court of Iowa · 1916
  5. Levine v. LevineOregon Supreme Court · 1920

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