McFarland v. McFarland
Supreme Court of Iowa
Appeal from Polk Circuit Court. There were two actions commenced by the plaintiff against the defendant. The said actions were consolidated, and from an order or decree made after the consolidation this appeal was taken.
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Appeal from Polk Circuit Court. There were two actions commenced by the plaintiff against the defendant. The said actions were consolidated, and from an order or decree made after the consolidation this appeal was taken. The petition in the first action set forth that the parties were married in 1860, and lived together as husband and wife until the month of May, 1870, when defendant “discarded” the plaintiff, and by reason of wrongs done her she was compelled to leave him, and that she remained absent about one year, when, at his request, she returned and again lived with him as his wife;…
1Opinion of the Court
Rothrock, J.. moliy^voidf" abie decree. — I. Alimony, either temporary or permanent, is based upon the existence of the marital relation. Unless such relation exists it cannot be legally claimed nor allowed. The only inquiry, therefore> iS} were these parties at the time the action 'was commenced husband and wife ? That there was a decree of divorce entered by a court of competent jurisdiction, in the month of May, 1870, is not denied; but it is insisted said decree is void, because the court had no jurisdiction of the plaintiff in this action, and for fraud in obtaining the decree, and for…
2Cases cited6 opinions
- Blanchard v. LambertSupreme Court of Iowa · 1876
- Graves v. GravesSupreme Court of Iowa · 1873
- Hobart v. HobartSupreme Court of Iowa · 1877
- Whetstone v. WhetstoneSupreme Court of Iowa · 1871
- Wilson v. WilsonSupreme Court of Iowa · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- In Re the Marriage of WinegardSupreme Court of Iowa · 1977
- People ex rel. Hathorne v. MorrowIllinois Supreme Court · 1899
- State v. RockerSupreme Court of Iowa · 1906
- Pegg v. PeggSupreme Court of Iowa · 1908
- McCoy v. McCoySupreme Court of Iowa · 1921
17 more not listed; retrieve them via the Exa API.