Barish v. Barish
Supreme Court of Iowa
Appeal from Woodbury District Court. — George Jepson, Judge. The parties were at one time husband and wife. A petition of the husband, seeking divorce, was dismissed. The cross-petition of the wife was sustained, and she was granted a divorce on the ground of cruel and inhuman treatment. ‘ The decree allowed her $1,500 alimony, gave her the care and custody of the child Sidney, with an allowance of $20 a month for his support and maintenance.
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Appeal from Woodbury District Court. — George Jepson, Judge. The parties were at one time husband and wife. A petition of the husband, seeking divorce, was dismissed. The cross-petition of the wife was sustained, and she was granted a divorce on the ground of cruel and inhuman treatment. ‘ The decree allowed her $1,500 alimony, gave her the care and custody of the child Sidney, with an allowance of $20 a month for his support and maintenance. It awarded the custody of the child Dresmond to the father. The defendant applied to the court to modify the decree by enlarging the allowance of…
1ConcurrenceSalinger, J.
I think the time has come for deciding the question; and if it should not be done here, I cannot imagine a case wherein the question would have to be decided. Does our statute give power to modify an allowance of “gross” or “permanent” alimony? Before considering that question, eliminations should be made.
We are not concerned with the numerous decisions holding there can be no alteration or modification unless the power to alter or modify is reserved in the original decree, and that there may be alterations or modification if such reservation be made. For the decree at bar makes no…
2Cases cited27 opinions
- Audubon v. ShufeldtSupreme Court of the United States · 1901
- Cole v. ColeIllinois Supreme Court · 1892
- Storey v. StoreyIllinois Supreme Court · 1888
- Plaster v. PlasterIllinois Supreme Court · 1868
- Cariens v. CariensWest Virginia Supreme Court · 1901
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