179 Iowa 647 | Iowa | 1917
“The question of final custody of the minor children to be adjudicated upon notice to both parties, the plaintiff to pay to the defendant for the support of the children the sum of $40 per month.”
This last clause is said to have been entered without jurisdiction, for that the defendant was a nonresident. Had •the entry been against defendant, interfering with the cus-' tody of the children or exacting contribution to their support or for alimony, the contention must have been sustained. Kline v. Kline, 57 Iowa 386; Rea v. Rea, 123 Iowa 241; Johnson v. Matthews, 124 Iowa 255. This is because of want of jurisdiction over the person of defendant. Here, the order of judgment was against the plaintiff, and surely it can hardly be claimed that the court was without jurisdiction as to him. Indeed, by filing the petition, he submitted himself to the court’s jurisdiction; and, upon requisite service of original notice and proof thereof, it acquired jurisdiction of the subject-matter. He prayed that
With this modification, the decree is affirmed. — Modified and Affirmed.