Droste v. Droste, 45762.
| Decision Date | 09 December 1941 |
| Docket Number | No. 45762.,45762. |
| Parties | DROSTE v. DROSTE. |
| Court | Iowa Supreme Court |
DROSTE
v.
DROSTE.
No. 45762.
Supreme Court of Iowa.
Dec. 9, 1941.
Appeal from District Court, Bremer County; M. H. Kepler, Judge.
Application for modification of a decree of divorce. Notice of hearing thereon was given to the defendant and her attorney by mail. She filed special appearance and motion to quash, which were overruled and she appeals.
Affirmed.
[1 N.W.2d 108]
R. Eldon Laird, of Waverly, for appellant.
Oliver J. Reeve, of Waverly, for appellee.
MILLER, Chief Justice.
On May 12, 1938, the plaintiff herein secured a decree of divorce from the defendant. At that time, the parties entered into a stipulation which provided that, should a decree be entered, “the Court shall retain jurisdiction of the case insofar as the custody and control of the children and the amount that is to be paid for their support and maintenance is concerned, so as to meet changed circumstances and conditions relative to the parties and the said children.” The decree of divorce granted custody of the four children to the defendant, ordered plaintiff to pay $3 per week for the care and support of each child until each should attain the age of 18 years and further provided that: “The Court hereby reserves jurisdiction of the parties hereto in so far as the custody and control of the children and the payments to be made and their support and maintenance are concerned.”
On February 19, 1941, defendant filed an application for examination of plaintiff in reference to certain alleged defaults in the payment of support money. On February 28, 1941, plaintiff filed an application for modification of the decree and asked the court to fix a time for hearing and to prescribe the notice to be given. On the same day, the court fixed the time of hearing as ten o'clock a. m., March 19, 1941, and ordered, “that notice of said hearing be given to the defendant Edna Droste by mailing a copy of said notice addressed to Edna Droste at Tripoli, Iowa, postage prepaid to be deposited in the United States Post Office at Waverly, Iowa, and by mailing a copy of said notice by United States registered mail addressed to Edna Droste at 2700 Eshcol Avenue, Zion, Illinois, postage prepaid to be deposited in the United States Post Office at Waverly, Iowa, and by mailing a copy of said notice addressed to R. Eldon Laird, Edna Droste's attorney of record, at Waverly, Iowa, postage prepaid to be deposited in the United States Post Office at Waverly, Iowa. All of said notices to be deposited...
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