Hobart v. Hobart
Supreme Court of Iowa
Appeal from Johnson District Court. This is an action for divorce, commenced on the 9th day of April, 1875. Upon motion of plaintiff the cause was. referred. The referee filed a report in favor of plaintiff, which was by the court confirmed, and a decree was en-. tered granting a divorce as prayed. Upon appeal to this court the decree was reversed because of error in ordering a reference of the case.
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Appeal from Johnson District Court. This is an action for divorce, commenced on the 9th day of April, 1875. Upon motion of plaintiff the cause was. referred. The referee filed a report in favor of plaintiff, which was by the court confirmed, and a decree was en-. tered granting a divorce as prayed. Upon appeal to this court the decree was reversed because of error in ordering a reference of the case. See 45 Iowa, 501. The cause being remanded came on again for trial on the 13th day of June, 1878, and by order of the court a jury was called and impanelled for the trial of said cause. The…
1Opinion of the CourtDay, J.
i divorce: tnai: practice. — Among numerous objections urged to the decree-it is insisted that the court had no authority to submit the issues of fact arising in the case to a jury. It iseoneecjecj that, under the old chancery practice, the chancellor might, to inform his conscience,' submit any issue of fact to a jury. The propriety of such a course was-*513recognized by this court in McDaniel v. Marygold, 2 Iowa, 500, and has been impliedly sanctioned in other cases. Section 2999 of the Revision provided by express declaration for such a proceeding. This section provides two methods of trying…
2Cases cited3 opinions
- Sherwood v. SherwoodSupreme Court of Iowa · 1876
- Howe Machine Co. v. WoollySupreme Court of Iowa · 1879
- McDaniel v. MarygoldSupreme Court of Iowa · 1856
3Cited by5 opinions
- First National Bank in Sioux City v. CurranSupreme Court of Iowa · 1973
- Porter v. ButterfieldSupreme Court of Iowa · 1902
- Frank v. HollandsSupreme Court of Iowa · 1890
- Klopp v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1912
- First National Bank in Sioux City v. CurranSupreme Court of Iowa · 1973