Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-03-26

Three Possibilities.
Tho question Of alimony may arise
In three different proceedings. d.
vorce IL the proceeding in which ALI
mony Is most likely to arise and many
think that this IL the only one. The
courts often speak Of the power to al
low alimony as an incident Of the
power to grant divorce. but alimony
may also arise in an action to annul
q marriage or in an action for main
tenance and support.
Divorce.
The question Of alimony In IN action
Tor divorce has been fully discussed in
the preceding article. Temporary ALI
mony Is allowed on the doctrine Of q
fair trial previously discussed) where
as permanent alimony 10 an allowance
out Of the estate Of one Of the spouses
for tho maintenance Of the other after
the dissolution Of the marriage because
divorce puts an end to all the martial
obligations and the interest in property
acquired by virtue Of said relation.
Annulmsnt.
Annulling q marriage Is declaring Il
void from the outset. The grounds
for annument were discussed In the
dTIlCl6 GuSSulC MdIEl6Sc Law %
Many states do not allow alimony in
cases Of annulment because they say
that marriage imposes the obligation
Of support and since the marriage was
never valid the obligation never arose.
Other states allow temporary alimony
in such cases on the ground that the
marriage is presumably valid until the
court pronounces 1t invalid and there
fore allow alimony during the pend
ency of the action. but Iowa allows ALI
mony In an action Of annuiment the
same as in an action for divorce. The
statute OF this state reads as follows:
In case either party shall enter into
the contract Of marriage In good faith,
supposing the other to be capable OF
contracting and the marriage Is de-
clared annulled, such facts shall be en-
tered in the decree and the court may
decree such innocent party compensa-
ton as in cases OF divorce" 1t will be
observed that this statute requires
good faith on the part Of the party
seeking alimony. In one case woman
had been acquainted and engaged to
a man for some years and had known
Of his doing business and managing
large property interests: she believed
him to be Of sound mind altho she
knew that the nephew was opposing
the marriage. There had been an ap-
plication for appointment of guardian
but this was not actually known to her.
The court held that she was entitled to
alimony. In another case the husband
brought an action against the wife to
annul the marriage on the ground that
she had another living husband which
she alleged was not true. 1t was held
that the wife was entitled to tempo
rary alimony because the marriage
was presumptively legal until the con-
trary was shown. This case was COW
cred by the Statute which reads "a
petition shall be filed in such cases as
in actions for divorce and all the pro-
visions Of this chapter In relation
thereto shall apply to such cases, ex-
cept as otherwise provided"
Suppose woman secures divorce
and remarries and 1t is then discovered
that the first divorce on account of
some technicality was not legal. The
second marriage 10 then a nullity. It is
manffestly Just that in such q case she
should be allowed alimony because she
entered into the second marriage in
good faith. And the court Of this
state holds that the same considera-
lions as to amount and the like are to
govern as in actions for divorce. This