Wilde v. Wilde
Supreme Court of Iowa
Appeal from Pottawattamie District Cowrt. Action m equity to recover alimony. The petition alleges, that in December, 1871, the parties, who, before, had been married, were divorced in an action brought by plaintiff in the Pottawattamie district court. Desertion was the ground upon which the divorce was granted, upon default by defendant, and the custody of the only child of the parties was given to plaintiff.
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Appeal from Pottawattamie District Cowrt. Action m equity to recover alimony. The petition alleges, that in December, 1871, the parties, who, before, had been married, were divorced in an action brought by plaintiff in the Pottawattamie district court. Desertion was the ground upon which the divorce was granted, upon default by defendant, and the custody of the only child of the parties was given to plaintiff. In the petition for the divorce, it is alleged, that defendant is the owner of certain lands, which are properly described, and alimony is prayed for and asked to be made a charge on…
1Opinion of the Court
Beck, Ob. J.
— I. An action for alimony cannot be maintained as an independent proceeding after a divorce of the parties. Tbe relation of husband and wife must exist to justify a judgment for an allowance of tbis character to tbe wife. Blythe v. Blythe, 25 Iowa, 266.
II. But regarding tbe case as presented by tbis amended petition as a proceeding supplementary to tbe action for divorce for tbe purpose of modifying tbe decree therein rendered, affecting tbe property of defendant, that pleading is defective and tbe demurrer was properly sustained.
Revisión, section 2537 is in these words: “ When a…
2Cases cited1 opinion
- Blythe v. BlytheSupreme Court of Iowa · 1868
3Cited by22 opinions
- Graves v. GravesSupreme Court of Iowa · 1906
- Delbridge v. SearsSupreme Court of Iowa · 1916
- Spain v. SpainSupreme Court of Iowa · 1916
- Brandt v. BrandtOregon Supreme Court · 1902
- Levine v. LevineOregon Supreme Court · 1920
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