Zuver v. Zuver
Supreme Court of Iowa
Appeal from Harrison District Oowrt. This action was originally brought March 15th, 1871, by the husband, plaintiff, for a divorce from the wife, defendant, on the ground of cruel and inhuman treatment of the husband by the wife. The petition • contained averments in detail of the alleged cruel and inhuman treatment. The answer denied them substantially.
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Appeal from Harrison District Oowrt. This action was originally brought March 15th, 1871, by the husband, plaintiff, for a divorce from the wife, defendant, on the ground of cruel and inhuman treatment of the husband by the wife. The petition • contained averments in detail of the alleged cruel and inhuman treatment. The answer denied them substantially. After the issues were made up and the court had disposed of certain motions for alimony pendente lite, the cause was, at the September term, 1871, by consent, tried to a referee, who was “to take the testimony and report the facts found…
1Opinion of the Court
Cole, J.—
I. The first point presented by the appellant’s counsel is, that permanent alimony and the custody of children will not be awarded a defendant without a cross-petition in which such alimony and custody are prayed for. Our statute enacts, Revision of 1860, “§ 2537. When a divorce is decreed, the court may make such order in relation to the children and property of the parties and the maintenance of the wife as shall be right and proper. Subsequent changes may be made by the court in these respects when circumstances render them expedient.” The answer of the defendant is not made a…
2Cases cited12 opinions
- Blythe v. BlytheSupreme Court of Iowa · 1868
- Cole v. ColeSupreme Court of Iowa · 1867
- O'Hagan v. of O'HaganSupreme Court of Iowa · 1857
- Fisher v. FisherSupreme Court of Iowa · 1871
- Inskeep v. InskeepSupreme Court of Iowa · 1857
7 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- In Re Marriage of BurhamSupreme Court of Iowa · 1979
- Mitchell v. MitchellSupreme Court of Iowa · 1921
- Hopping v. HoppingSupreme Court of Iowa · 1943
- Kell v. KellSupreme Court of Iowa · 1917
- Haven v. TrammellSupreme Court of Oklahoma · 1920
18 more not listed; retrieve them via the Exa API.