Lindquist v. Lindquist
Decision Date | 09 July 1910 |
Citation | 126 N.W. 1109,148 Iowa 259 |
Parties | LINDQUIST v. LINDQUIST. |
Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from District Court, Pottawattamie County; W. R. Green, Judge.
In December of the year 1908, plaintiff obtained a divorce from defendant in the district court of Pottawattamie county; and in the decree was given the custody of three minor children. On the 18th day of October, 1909, defendant filed a petition for a modification of the original decree in which she asked that the said decree be canceled for fraud in its procurement; that she be granted a decree of divorce from plaintiff; and that in any event she be given the custody of the minor children, particularly the control of the daughter, Minnie. A hearing was had on this petition, resulting in a denial of the relief asked, except that defendant was given the custody of the daughter, and the original decree was modified to that extent. Plaintiff alone appeals. Affirmed.McKenzie, Howell & Cox and W. W. Bulman, for appellant.
Jennings & Mattox, for appellee.
As defendant does not appeal from the ruling made on her petition for modification of the original decree of divorce, we have nothing to consider on plaintiff's appeal save the order awarding to defendant the custody of the minor child, Minnie. The parties to this litigation were married in February, 1896, and although the paternity of some of the children is doubted it must be assumed, for the purposes of this case, that as a result of the marriage three children were born, to wit, Elmer, Arvid, and Minnie. At the time of the hearing on the petition for the modification of the decree Elmer was 12 years old, Arvid 10, and Minnie 8. The original action was commenced in September of the year 1908, and went to a decree on the issues joined December 21st of the same year. This decree, so far as material, reads as follows: “It is therefore ordered, adjudged, and decreed by the court that the marriage relation heretofore existing between the parties be and the same is hereby set aside and wholly annulled, and the parties released from the obligations of the same; that the care, custody, maintenance, and education of said children, Elmer, Arvid, and Minnie be, until further order of the court, confided in the plaintiff, Edward Lindquist, and in event the custody thereof should in the future be given to the defendant, the plaintiff shall at all times be liable for their support; that the defendant have the right to call upon and converse with any or all of said children at all reasonable times.”
No appeal was taken from this decree, but upon October 18, 1909, defendant filed a petition for the modification thereof as before stated. The modified decree, so far as material which was entered upon the petition, reads:
For a reversal of this modified decree it is contended by counsel for plaintiff that neither the pleadings nor the proof show any such change in the circumstances or situation of the parties, after the original decree was entered, as would...
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