Skip to main content

Smith v. Smith

Citations

  • 513 N.W.2d 728
  • 1994 Iowa Sup. LEXIS 48
  • 1994 WL 94072

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that “[a]n inartfully drawn [pro se] petition hastily dismissed—as this one was—could leave the petitioner without any [means of recourse from the court]”
  • holding a defense of res judicata cannot be raised by a motion to dismiss
  • holding a defense of res judicata cannot be raised by a motion to dismiss
  • allowing incidents of abuse occurring at least five months before the petition for protective order to be considered
  • stating “petition must allege enough facts to give defendant ‘fair notice’ of claim”
  • “A petition gives ‘fair notice’ if it informs the defendant of the incident giving rise to the claim and of the claim’s general nature.”

Source: CourtListener parenthetical corpus (CC0).

Judges: McGiverin, Harris, Larson, Lavorato, Neuman

Read full opinion on CourtListener

Cited by

29 cases in this archive cite this case; the 20 most cited are listed.

Cites

6 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.