Legal Opinion · Dissent

Fleming v. Fleming

Supreme Court of Iowa

Decided December 16, 1919Published

Appeal from Polk District Court.- — Charles A. Dudley, Judge. Aotion by-a widow, to have ber distributive share ascertained, determined, and set off, in what she claims to be partnership property. The defense is that the property was owned in joint tenancy, and is, therefore, not subject to her claim to dower therein. Decree for the plaintiff in the court below. Defendants appeal.' —

1DissentSaliNGEr, J.

(dissenting.) I. The majority opinion is fine literature. It discloses much research and learning. It is clear in the statement of thought units. On first reading, *90while reading, one finds nothing to 'differ from. Having finished, there seems to be nothing objectionable that is outstanding. Somewhat later, one finds a qualm of unrest suggested, such as sometimes follows too enjoyable a banquet. The reader can readily recall many fine passages and sound statements of law. But it now occurs to him that he cannot so readily understand why the opinion affirms. On another reading, made for the…

2Cases cited12 opinions

  1. Baker v. SyfrittSupreme Court of Iowa · 1910
  2. Stewart v. ToddSupreme Court of Iowa · 1919
  3. McKinnon v. McKinnonCourt of Appeals for the Eighth Circuit · 1893
  4. Wood v. LogueSupreme Court of Iowa · 1914
  5. Hoffman v. StigersSupreme Court of Iowa · 1869

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