Sudbury v. Sudbury
Supreme Court of Iowa
Appeal from Polk District■ Court. — Wm. H. McHenry, Judge. This is an action or petition for new trial, brought by tlie defendant, appellant, to set aside a decree of divorce granted against lier, and that she be permitted to file her answer to plaintiff’s original petition and to make defense in the divorce case, and for all other and proper relief in the premises, for the reason that she claims that said decree is invalid because obtained by fraud.
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Appeal from Polk District■ Court. — Wm. H. McHenry, Judge. This is an action or petition for new trial, brought by tlie defendant, appellant, to set aside a decree of divorce granted against lier, and that she be permitted to file her answer to plaintiff’s original petition and to make defense in the divorce case, and for all other and proper relief in the premises, for the reason that she claims that said decree is invalid because obtained by fraud. The plaintiff interposed a demurrer to the defendant’s petition, which was sustained, and the defendant appeals.
1Opinion of the CourtPreston, J.
Although it is not entirely clear, we take it that the petition of the defendant was filed in the original divorce action. This makes it a little confusing, because the defendant in the original action is referred to as the plaintiff in the petition to vacate the decree, and so as to the other party. The defendant, Nellie Sudbury, is the petitioner to vacate the decree, and is denominated the defendant and appellant in the title of the abstract, so that, to avoid confusion in referring to the parties, we shall refer to the parties as plaintiff and defendant, as given in the title.
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2Cases cited17 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Haddock v. HaddockSupreme Court of the United States · 1906
- Pico v. CohnCalifornia Supreme Court · 1891
- Graves v. GravesSupreme Court of Iowa · 1906
- Kline v. KlineSupreme Court of Iowa · 1881
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3Cited by11 opinions
- Murphy v. HahnSupreme Court of Iowa · 1929
- Abbott v. City of Des MoinesSupreme Court of Iowa · 1941
- Edgerly v. ShermanSupreme Court of Iowa · 1961
- Holmes v. HolmesSupreme Court of Iowa · 1920
- Weinhart v. SmithSupreme Court of Iowa · 1930
6 more not listed; retrieve them via the Exa API.