Opinion

Conkling v. Conkling

  • 185 N.W.2d 777
  • 1971 Iowa Sup. LEXIS 754
Court
Supreme Court of Iowa
Filed
Apr 9, 1971
Status
Published
Author
Uhlenhopp
On the bench
Uhlenhopp, Stuart, Rees, Reynoldson
Cited by
22 cases

noting a party “has the choice, after weighing the advantage of the privilege against self-incrimination against the advantage of putting forward his version of the facts and his reliability as a witness, not to testify at all”

How later courts described this case

  • noting a party “has the choice, after weighing the advantage of the privilege against self-incrimination against the advantage of putting forward his version of the facts and his reliability as a witness, not to testify at all”
  • “Otherwise the judge may have important information about the case of which counsel are unaware at the trial. If the interview is conducted tactfully by the judge and counsel remain in the background, usually the children will not be inhibited in casting light on the situation—and that is the objective of the parties’ stipulation.”
  • Court refused to extend statutory amount for attorney fee award to award fees for previously filed action

Written by the judges who cited it.

The opinion

On Petition for Rehearing

UHLENHOPP, Justice.

The decree as modified by the opinion of this court takes effect as of August 14, 1969. Plaintiff is entitled to credit on the decree as modified for any sums he has paid since August 14, 1969, by way of temporary alimony and child support.

With such clarification, the petition for rehearing is denied.

Petition for rehearing denied.

All Justices concur except STUART, REES and REYNOLDSON, JJ., who take no part.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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