Published: Thu, January 16, 2020
Global News | By Blake Casey

Man asks judge's leave for sword battle with ex-wife, lawyer

Man asks judge's leave for sword battle with ex-wife, lawyer

He then noted that he plans to request the same trial option for other court disputes he may encounter in the future.

And while he admitted he has no experience with sword play, Mr Ostrom wielded the argument that the judge had the power to let the parties "resolve our disputes on the field of battle, legally" since trial by combat "has never been explicitly banned or restricted as a right in [the] United States", and was used "as recently as 1818 in [a] British court".

Ostrom reportedly got the idea from a case in 2016 in which New York Supreme Court Justice Philip Minardo acknowledged that such duels had not officially been abolished. However, the judge declined to order such a fight.

He also sought a timeframe of 12 weeks to secure Japanese samurai swords, The Guardian reported.

In response to Ostrom's trial by combat motion, Hudson filed a resistance that also corrected Ostrom's spelling. That's what Ostrom had in mind when he submitted court filings in Iowa over a protracted child custody and money battle.

"Surely (Ostrom) meant "corporeal" bodies which Merriam Webster defines as having, consisting of, or relating to, a physical material body," Hudson wrote. If one or both participants were to die mid-duel, the lawyer reasoned, it would outweigh the custody and property tax issues that brought both of them into court in the first place.

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Bridgette Ostrom's lawyer argued while Iowa state and United States constitutions do not prohibit sword battles, "it does prohibit a court sitting in equity from ordering same". Ostrom said, "Respondent and counsel have proven themselves to be cravens by refusing to answer the call to battle, thus they should lose this motion by default".

He does not expect the court to grant his request but said he was willing to fight Hudson at any time.

The Ostroms were married for 10 years and have been divorced for two, the Herald reports.

"They've tried to ignore me and not address equal custody, and I think this puts a spotlight on them", Ostrom said.

Mr Ostrom has also admitted that he has no experience in sword fighting, which is a odd admission when you're literally requesting just that.

He asked the court to suspend David Ostrom's visitation rights and undergo a court-ordered psychological evaluation.

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