Priestman v. Priestman
Supreme Court of Iowa
Appeal from Page District Court. — Hon. Walter I. Smith, Judge. August 80, 1894, defendant obtained a decree, of divorce from the plaintiff, in an action wherein he charged her with desertion and adultery. Original notice in that case was served by publication.
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Appeal from Page District Court. — Hon. Walter I. Smith, Judge. August 80, 1894, defendant obtained a decree, of divorce from the plaintiff, in an action wherein he charged her with desertion and adultery. Original notice in that case was served by publication. This is a suit to set aside that decree, and for a new trial, based upon the grounds that the allegations in the petition in the original action that plaintiff had deserted defendant were untrue; that the alleged adultery had been condoned; that the affidavit of non-residence was not filed until after the notice had been published for…
1Opinion of the CourtDeemer, J.
*322 1
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*3243 *321Two claims are made in the petition. One is that the court was without jurisdiction to render the original decree, and the other is that the decree was obtained through perjury and fraud; and a new trial is asked under the provisions of Code 1873, *322section 3154, which authorizes the vacation or modification of a judgment for irregularity or for fraud practiced by the successful party in obtaining it. This action was brought on the fifteenth day of August, 1895. The Code of 1873 provides that proceedings to vacate a judgment because of irregularity in obtaining it must be by motion made on…
2Cases cited5 opinions
- Griffith v. Milwaukee Harvester Co.Supreme Court of Iowa · 1894
- Tunis v. WithrowSupreme Court of Iowa · 1860
- Chase v. KaynorSupreme Court of Iowa · 1889
- Carnes v. MitchellSupreme Court of Iowa · 1891
- Abell v. CrossSupreme Court of Iowa · 1864
3Cited by12 opinions
- Swift v. SwiftSupreme Court of Iowa · 1947
- Moore v. City Council of PerrySupreme Court of Iowa · 1903
- Blachly v. BlachlySupreme Court of Iowa · 1915
- Belknap v. BelknapSupreme Court of Iowa · 1912
- Empire Real Estate & Mortgage Co. v. BeechleySupreme Court of Iowa · 1908
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