Legal Opinion

Blake v. Blake

Supreme Court of Iowa

Decided April 9, 1862PublishedCited by 8 opinions

Appeal from Dubuque District Court. The facts are stated in tbe opinion of tbe court. I. That the calculations of the commissioner in finding the amount due were erroneous; 2. That the installments which matured after the commencement of the action should not have been included; 3. That the sums paid to plaintiff’s agent, his authority never having been revoked, should be charged to her; 4. That as plaintiff refused to receive the installments as they matured, she should not…

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Appeal from Dubuque District Court. The facts are stated in tbe opinion of tbe court. I. That the calculations of the commissioner in finding the amount due were erroneous; 2. That the installments which matured after the commencement of the action should not have been included; 3. That the sums paid to plaintiff’s agent, his authority never having been revoked, should be charged to her; 4. That as plaintiff refused to receive the installments as they matured, she should not recover interest thereon; 5. That the referee should have found the facts, citing Lambert v. Smith et al, 3 Calf. 408;…

1Opinion of the CourtBaldwin, C. J.

— The father of respondent was divorced from the complainant by a decree of the District Court of said county, and in the decree it was ordered that certain property owned by the said husband be subjected to the payment of a certain sum of money to the complainant, as alimony. This sum was to be paid quarterly during the lifetime of complainant, and in case of a failure to pay the same? the property was to be sold as under a decree of foreclosure, and the proceeds applied to the payment of the installments that had become due. The husband died, and the son, the respondent in this case, became…

2Cases cited1 opinion

  1. Pierce v. WilsonSupreme Court of Iowa · 1855

3Cited by8 opinions

  1. Thomas v. StickleSupreme Court of Iowa · 1871
  2. Hackworth v. ZollarsSupreme Court of Iowa · 1870
  3. Dove v. Independent School DistrictSupreme Court of Iowa · 1875
  4. Farmers State Bank v. CookSupreme Court of Iowa · 1960
  5. McGregor v. GardnerSupreme Court of Iowa · 1864

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