Legal Opinion

Sherwood v. Sherwood

Supreme Court of Iowa

Decided October 18, 1881PublishedCited by 7 opinions

Appeal from Poweshiek District Court. This action was brought originally for the purpose of obtaining a divorce, the alleged ground of divorce being that the defendant had been guilty of adultery. A decree was granted as prayed, and the custody of the only child of the parties, Myo D. Sherwood, 'a boy about six or seven years of age, was awarded to the plaintiff.

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Appeal from Poweshiek District Court. This action was brought originally for the purpose of obtaining a divorce, the alleged ground of divorce being that the defendant had been guilty of adultery. A decree was granted as prayed, and the custody of the only child of the parties, Myo D. Sherwood, 'a boy about six or seven years of age, was awarded to the plaintiff. About two years afterward the defendant filed a petition asking for a change of the decree in regard to the custody of the child, setting up among other things as ground for the application that the plaintiff had failed to exercise…

1Opinion of the Court

Adams, Oh. J.

1. parent custody of vorce. This case might perhaps be disposed of in favor of the appellee upon purely technical considerations. But having examined the entire case, and being agreed in our conclusions, we have to say that it is more satisfactory to us, and we doubt not it will be to both parties, to dispose of the case upon its merits.

The parties reside in the city of Marshalltown, and appear to occupy positions of considerable prominence. The defendant is a physician in successful practice, having an income of from $2,500 to $3,000 a year, and is regarded by his neighbors as a…

2Cited by7 opinions

  1. Krauthoff v. KrauthoffMissouri Court of Appeals · 1915
  2. Barnett v. BlakleySupreme Court of Iowa · 1926
  3. Neve v. NeveSupreme Court of Iowa · 1930
  4. Shepard v. GerholdtSupreme Court of Iowa · 1953
  5. In re KohlMissouri Court of Appeals · 1900

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