Graves v. Graves
Supreme Court of Iowa
Appeal from, Story District Court. Action to recover alimony, brought March 20, 1871. The plaintiff alleges, that she and the defendant were duly married on the 28th day of May, 1867, in the State of New York; that she then had property worth $138, which defendant converted to his own use; that they at once removed to the State of Wisconsin, where they lived together till May, 1869 ; that she then, at the defendant’s request, returned to her friends in New York, where she…
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Appeal from, Story District Court. Action to recover alimony, brought March 20, 1871. The plaintiff alleges, that she and the defendant were duly married on the 28th day of May, 1867, in the State of New York; that she then had property worth $138, which defendant converted to his own use; that they at once removed to the State of Wisconsin, where they lived together till May, 1869 ; that she then, at the defendant’s request, returned to her friends in New York, where she has ever since remained; that as the fruit of the said marriage, she had born a daughter, now aged about two years. That…
1Opinion of the CourtCole, J.
— The main question involved in this controversy is, whether a court of equity has the authority or jurisdiction *312to entertain an action brought for alimony alone, and to grant such alimony where no divorce or other relief is sought ?
It is true, beyond controversy, that the great weight and number of the English authorities deny such jurisdiction. And it is, perhaps, also true that the number and possibly the preponderance of the American authorities are in accord with the English. But there are well-considered cases and authorities of great weight which affirm the jurisdiction. Judge Story…
2Cases cited3 opinions
- Galland v. GallandCalifornia Supreme Court · 1869
- O'Hagan v. of O'HaganSupreme Court of Iowa · 1857
- Jones v. JonesSupreme Court of Iowa · 1865
3Cited by48 opinions
- In re DoleHawaii Supreme Court · 1903
- McCormick v. McCormickSupreme Court of Kansas · 1910
- Wood v. WoodSupreme Court of Arkansas · 1891
- Addy v. AddySupreme Court of Iowa · 1949
- Whitcomb v. WhitcombSupreme Court of Iowa · 1877
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