Belknap v. Belknap
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. W. N. Treichler, Judge. This is an action on service of' notice by publication for divorce and alimony.
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Appeal from Linn District Court. — Hon. W. N. Treichler, Judge. This is an action on service of' notice by publication for divorce and alimony. The lower court entered a decree in favor of plaintiff, awarding her a divorce on the ground of desertion, and providing that the title to certain property of the defendant, situated in this state and attached in the action, be awarded to plaintiff, and the title thereof quieted in her, and that defendant pay the plaintiff by way of additional alimony the sum of $1,000, for which amount special execution should issue against other real property of the…
1Opinion of the CourtDeemer, J.
It is the contention of appellant that the service by publication was insufficient because of defects in the published notice and in the proof of publication. The sufficiency of the notice and proofs is insisted upon for appellee, and there is a further contention in her behalf that the defendant can not raise any question as to the validity of the default decree, not having excepted to the decree nor appeared in the lower court by motion to set it aside or otherwise.
1. Judgments upon defective service: review: appeal. I. The affidavit of publication was attached to the printed copy of what…
2Cases cited50 opinions
- Morrow v. WeedSupreme Court of Iowa · 1856
- Cooper v. SunderlandSupreme Court of Iowa · 1856
- Harrison v. KramerSupreme Court of Iowa · 1856
- Shawhan v. LofferSupreme Court of Iowa · 1868
- Hoitt v. SkinnerSupreme Court of Iowa · 1896
45 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Swift v. SwiftSupreme Court of Iowa · 1947
- Williamson v. WilliamsonSupreme Court of Iowa · 1917
- In re Estate of SchultzSupreme Court of Iowa · 1921
- Iowa Cord Tire Co. v. BabbittSupreme Court of Iowa · 1923
- Bauer v. BauerSupreme Court of Iowa · 1936
6 more not listed; retrieve them via the Exa API.