Gelwicks v. Gelwicks
Supreme Court of Iowa
Appeal from Linn District Court; Hon. Milo P. Smith, Judge. The plaintiff filed a petition for divorce March 22, 1911, alleging that he had been a resident of Linn county for four years. An original notice was served on defendant in Barton county, Mo., and decree was entered as prayed April 12, 1911. The defendant filed a petition August 12th, following, praying that the decree be set aside. This petition was dismissed, and the decree granting the divorce confirmed.
Read the full summary
Appeal from Linn District Court; Hon. Milo P. Smith, Judge. The plaintiff filed a petition for divorce March 22, 1911, alleging that he had been a resident of Linn county for four years. An original notice was served on defendant in Barton county, Mo., and decree was entered as prayed April 12, 1911. The defendant filed a petition August 12th, following, praying that the decree be set aside. This petition was dismissed, and the decree granting the divorce confirmed. The defendant appeals.
1Opinion of the CourtLadd, J.
This is an appeal from an order denying the defendant’s petition to set aside as void a decree granting the plaintiff a divorce. Such decree had been entered April 12, 1911, on the ground that the defendant had abandoned and deserted plaintiff more than four years previous, had ordered him to go, and refused to live with him or permit him to live on the premises with the family. Therein he alleged that he was and had been for four years a ‘ ‘ resident of the state of Iowa, having his home in the county of Linn. ’ ’ The petb tion-praying that the decree be set aside alleges that he had been a…
2Cases cited13 opinions
- Graves v. GravesSupreme Court of Iowa · 1906
- Ellis v. WhiteSupreme Court of Iowa · 1883
- Phelan v. PhelanSupreme Court of Florida · 1868
- McCraney v. McCraneySupreme Court of Iowa · 1857
- Richardson v. KingSupreme Court of Iowa · 1912
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Scott v. ScottSupreme Court of Iowa · 1916
- Williamson v. WilliamsonSupreme Court of Iowa · 1917
- Bristow v. PaganoSupreme Court of Iowa · 1947
- Comes v. ComesSupreme Court of Iowa · 1920
- Schaffner v. CampbellSupreme Court of Iowa · 1924
2 more not listed; retrieve them via the Exa API.