Hobart v. Hobart
Supreme Court of Iowa
Appeal from Johnson Circuit Court. Action for a divorce. Upon motion of .plaintiff the cause was sent to a referee. The record shows that the defendant objected to the order of reference, but the order itself recites that it was made upon the agreement of the parties. It also recites that exception was taken thereto by defendant. Objection to the reference and denial of the referee’s jurisdiction * were renewed before him, and to the court upon the filing of the report.
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Appeal from Johnson Circuit Court. Action for a divorce. Upon motion of .plaintiff the cause was sent to a referee. The record shows that the defendant objected to the order of reference, but the order itself recites that it was made upon the agreement of the parties. It also recites that exception was taken thereto by defendant. Objection to the reference and denial of the referee’s jurisdiction * were renewed before him, and to the court upon the filing of the report. The cause was submitted to the Circuit Court upon the referee’s report, exception thereto, the pleadings and the evidence…
1Opinion of the CourtBeck, J.
I. There is apparent and irreconcilable conflict in the record, as presented to us, upon the question of the consent of the parties to the order of reference. The defendant seems to have-objected thereto upon all proper occasions. But the order of the court, which shows the action had upon the subject, explicitly recites.that the reference was made upon the agreement of the parties. We are bound by this adjudication of the court upon the question of the assent of the par ties, rather than by other matters appearing in the record contradictory thereto. We must regard the reference of the ■ease…
2Cases cited1 opinion
- State ex rel. Boone v. OrwigSupreme Court of Iowa · 1868
3Cited by31 opinions
- United States v. FinnellSupreme Court of the United States · 1902
- McArthur Bro's v. CommonwealthMassachusetts Supreme Judicial Court · 1908
- Henne & Meyer v. MoultrieTexas Supreme Court · 1903
- Shoultz v. McPheetersIndiana Supreme Court · 1881
- Cedar Rapids Human Rights Commission v. Cedar Rapids Community School DistrictSupreme Court of Iowa · 1974
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