McClellan v. McClellan
Supreme Court of Iowa
Appeal from the Linn District Court. Petition fox divorce. Theie was no pexsonal service on defendant, and no appeaxance made by bex in tbe court below. Publication was made, and tbe usual affidavit filed, as pxovided fox in sections 1728, and 1826, of tbe Code. On tbe beaxing, tbe complainant’s bill was dismissed, and fxom this oxdex he now appeals.
1Opinion of the CourtWeight, C. J.
A «jurisdictional question arises, and must be first disposed of. The complainant has given no*313tice of this appeal to the clerk of the District Court, who has accordingly transmitted to this court a transcript of the record in the cause. No notice has been given of the appeal to the respondent, by publication or otherwise. The appellant makes suggestion of this position of the case, and asks us to determine whether he shall be allowed to proceed, without further or other notice, and to make such order in the premises, as may entitle him to a hearing in a proper manner, and to serve as a rule,…
2Cited by3 opinions
- Barney v. BarneySupreme Court of Iowa · 1862
- Seymour v. AultmanSupreme Court of Iowa · 1899
- Thorson v. City of Des MoinesSupreme Court of Iowa · 1921