Legal Opinion

Hurley v. Hurley

Supreme Court of Iowa

Decided October 21, 1902PublishedCited by 8 opinions

Appeal from Gli/nton District Court. — Hon. W. F. Bran-nan, Judge. The parties live in Illinois, and were married November 20, 1888. They have never lived together, their only son being born January 8, 1889. The defendant obtained a decree of divorce regular on its face in Clinton county, this state, April 12,1892, and this action to set it aside was begun November 11, 1899, shortly after his marriage to another woman. The plaintiff’s petition was dismissed, and she appeals.

1Opinion of the Court

Ladd, C. J. —

1 2 The appellant’s abstract is a complete transcript of the evidence, setting out every question and answer. Counsel will not be permitted thus to disregard the rules of this court. On this ground alone the decree must be affirmed. Phillips v. Crips, 108 Iowa, 605. The plaintiff admits having heard by rumor, in the fall of 1892, that defendant was divorced, and this, according to her own story, was confirmed by his refusal to deny when she inquired of him. He testified that he then advised her that he in fact obtained the decree. The evidence as to whether he had resided in the…

2Cases cited5 opinions

  1. Earle v. EarleIndiana Supreme Court · 1883
  2. Nicholson v. NicholsonIndiana Supreme Court · 1888
  3. Singer v. SingerNew York Supreme Court · 1863
  4. Prewett v. DyerCalifornia Supreme Court · 1895
  5. Phillips v. W. A. Crips & BrotherSupreme Court of Iowa · 1899

3Cited by8 opinions

  1. Swift v. SwiftSupreme Court of Iowa · 1947
  2. Brett v. BrettSupreme Court of Iowa · 1921
  3. Farr v. FarrSupreme Court of Iowa · 1921
  4. Guggenheim v. GuggenheimAppellate Court of Illinois · 1914
  5. Sammons v. PikeSupreme Court of Minnesota · 1909

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