Swift v. Leary
This text of 185 N.W.2d 816 (Swift v. Leary) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Certiorari was granted to review the legality of the order of J. R. Leary, Judge of District Court of Lee County, entered January 7, 1971 in In re the Dissolution of Marriage of Janie Swift and Robert F. Swift. The respondent Robert F. Swift and his attorney were duly notified but did not appear for a hearing on January 7, 1971 on “alimony, support, attorney fees and costs”. At such hearing Judge Leary, without notice to respondent, took evidence on behalf of petitioner Janie Swift relative to the temporary custody of Gary Allen Swift who was then living with his father in the home of the paternal grandparents and awarded her temporary custody. Judge Leary denied respondent’s motion to set aside the ex parte order on January 27, 1971.
We hold the order granting temporary custody to Janie Swift under these circumstances is illegal and void for lack of proper notice and hearing.
Writ sustained.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
185 N.W.2d 816, 1971 Iowa Sup. LEXIS 924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swift-v-leary-iowa-1971.