Legal Opinion · Dissent

Fleming v. Fleming

Supreme Court of Iowa

Decided December 16, 1919Published

Appeal from Polk District Court.- — Charles A. Dudley, Judge. Aotion by-a widow, to have ber distributive share ascertained, determined, and set off, in what she claims to be partnership property. The defense is that the property was owned in joint tenancy, and is, therefore, not subject to her claim to dower therein. Decree for the plaintiff in the court below. Defendants appeal.' —

1DissentSalinger, J.

(dissenting.) I. The majority declares:

“The justices concurring in the majority opinion heretofore filed are still satisfied that the case was properly decided. Because of some features of the argument in support of the petition for rehearing, we are disposed to add to the former opinion this further word of discussion.”

Even if one note but part of the well made attacks upon said opinion, he will find that counsel have not misconceived it, and that it should not have the foregoing approval.

a. That opinion urges against the contract defendants have, that it deals with personal property owned…

2Cases cited15 opinions

  1. Baker v. SyfrittSupreme Court of Iowa · 1910
  2. Stewart v. ToddSupreme Court of Iowa · 1919
  3. McKinnon v. McKinnonCourt of Appeals for the Eighth Circuit · 1893
  4. Studer v. SeyerSupreme Court of Georgia · 1883
  5. Wood v. LogueSupreme Court of Iowa · 1914

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