Legal Opinion

Blythe v. Blythe

Supreme Court of Iowa

Decided July 3, 1868PublishedCited by 28 opinions

Appeal from Madison District Court. The plaintiff and defendant were married in June, 1857. They separated in September, 1861. In March, 1861, sbe brought suit for divorce on the ground “ that the treatment which she received from, the said Benjamin Blythe and his children was such as to endanger her life.”

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Appeal from Madison District Court. The plaintiff and defendant were married in June, 1857. They separated in September, 1861. In March, 1861, sbe brought suit for divorce on the ground “ that the treatment which she received from, the said Benjamin Blythe and his children was such as to endanger her life.” No answer was filed, but at the hearing in April, 1861, defendant appeared by his attorney, and the court adjudged that the bonds of matrimony between plaintiff and defendant be dissolved, set aside and held for nought. No order was made as to property or alimony, and the plaintiff was…

1Opinion of the CourtCole, J.

l. Practice : oFsaSSm1 tasaos”f°' plaintiff. ^ The first error complained of is the appointment of a guardian ad litem for the plaintiff. The record entry states simply, “ that the insanity of the plaintiff being suggested, the court thereupon appointed” a guardian ad litem. £kjg ^ag aj| £|ie s2j0VV-Jng ma¿¡e {¡he Pis*268trict Court, the correctness of the order might well bo doubted. But the transcript contains the affidavits of two persons, as to the present insanity of plaintiff, and for aught we know, the District Court may have had before it the evidence that plaintiff had, since the…

2Cited by28 opinions

  1. Graves v. GravesSupreme Court of Iowa · 1906
  2. Delbridge v. SearsSupreme Court of Iowa · 1916
  3. Spain v. SpainSupreme Court of Iowa · 1916
  4. Levine v. LevineOregon Supreme Court · 1920
  5. Newburn v. NewburnSupreme Court of Iowa · 1930

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