Moon v. Moon
Supreme Court of Iowa
Appeal from Hardin District Court. On the 15th day of August, 1864, the plaintiff brought her suit for divorce, &c., and caused notice to be served upon defendant, by publication. At the October Term, 1864, the plaintiff obtained a decree for a divorce, quieting her title to certain real estate and personal property. After this decree was, entered, and before any further proceedings were had, the' plaintiff intermarried with one Joseph P’atterson.
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Appeal from Hardin District Court. On the 15th day of August, 1864, the plaintiff brought her suit for divorce, &c., and caused notice to be served upon defendant, by publication. At the October Term, 1864, the plaintiff obtained a decree for a divorce, quieting her title to certain real estate and personal property. After this decree was, entered, and before any further proceedings were had, the' plaintiff intermarried with one Joseph P’atterson. On the 2d day of.February, 1865, the defendant filed his motion to vacate and set aside the judgment rendered at the October Term, for various…
1Opinion of the CourtCole, J.
The decree in the' original case found and' recited “ that the ’ defendant, Alney Moon, has been duly served with notice of the pendency of this suit by publication in the Hardin County Sentinel.” One objection as to the sufficiency of the service made by the defendant in his motion, is that there was no affidavit filed’ prior to the decree, showing that defendant was absent from the State,, so that personal service could not be made within it. But it is shown by the affidavit of defendant, accompanying his motion to set aside the judgment, that in fact he was at that time absent from the…
2Cases cited3 opinions
- Bonsall v. IsettSupreme Court of Iowa · 1862
- Van Orman v. Spafford, Clarke & Co.Supreme Court of Iowa · 1864
- Trimble v. MooreSupreme Court of Louisiana · 1831
3Cited by1 opinion
- Cole v. ColeSupreme Court of Iowa · 1867