Reports of Cases in Law and Equity, Determined in the Supreme Court of the State of Iowa Volume 42
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1877 edition. Excerpt: ... adultery since the Utah divorce. the decree was an absolute bar. The laws of Utah were not introduced in evidence, and the decree of the Utah court does not on its face show afiirmatively the court had jurisdiction, or that either of the parties were residents of. said territory. It has been held, in an action on a judgment or decree rendered in another State, that it was competent to establish by parol the court'had no jurisdiction. Lowe '0. Lowe, 40 Iowa, 220; Webster '0. Hunter, 50 Id., 215. As the evidence offered to be introduced by the State would have tcnded to show the Utah court did not have jurisdiction, the District Oourt erred in rejecting it. If there was no jurisdiction the decree was absolutely void, and the defendant guilty if the allegations in the indictment were established to the satisfaction of the jury. W'/riteomb v. IV/titcomb, 46 Iowa, 437; State '0. Wkiteomb, 52 Id., 85. ltwas held in The People 4.1. Smith, 13 Hun, 414; Hood v. The State, 56 Ind., 263, and Letowic/1, '0. Letowie/L, 19 Kan., 451, that a Utah divorce obtained Without jurisdiction, or where neither party was a resident of the territory, was absolutely void. l. Evidence: PRINCIPAL AND stmE'rY: ADMISSIONS. A letter written by the principal in a written obligation, and containing astateinent of admissions of liability thereon by the surety, was held imzdinissiblein evidence against the surety. Aorlou at law upon a bond executed by defendants to plaintiffs to secure indebtedness to be contracted by defendant Caldwell to plaintiff. There was a verdict and judgment for plaintiffs; defendants appeal. The facts of the case appear in the opinion. I1. L. lllamsltall and George D. Porter, for appellants. J. C. Uoazl, for appellees. B1;cK, J.-_I. The action is...
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- 13 Sep 2013
- United States
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