David Ostrom, 40, of Paola, Kan., said his ex-wife, Bridgette Ostrom, 38, of Harlan, Iowa, and her attorney, Matthew Hudson, have destroyed him legally, according to a January 3 court filing, the Des Monies Register reported.
David Ostrom, 40, has made an official request to the Iowa District Court in Shelby County to allow his motion for trial by combat, reports the Des Moines Register.
"I've seen the television show and read the books", said Ostrom.
His former wife's attorney, Matthew Hudson, filed a resistance to the request, pointing out that Mr Ostrom had spelt "corporeal" incorrectly and adding: 'Although (Ostrom) and potential combatant do have souls to be rended, they respectfully request that the court not order this done'.
Ostrom argued that if his ex-wife refuses to accept the challenge, she will forfeit her claims against him.
That's what Ostrom had in mind when he submitted court filings in Iowa over a protracted child custody and money battle.
He wants to use Japanese swords and said that his ex-wife could appoint her lawyer, Matthew Hudson, as her "champion" to fight in her place. In response to the trial by combat request, Hudson has filed a motion to suspend Ostrom's visitation rights to his children and has asked to court to enforce a psychological evaluation on Ostrom.
He also asked the judge for 12 weeks' time so he could secure Japanese samurai swords.
Ostrom told the Register that he got the idea for the duel after he learned about a 2016 New York Supreme Court case in which New York Supreme Court Justice Philip Minardo said that duels had not been abolished under state law.
"Trial by combat was still regarded as a legitimate method for dispute resolution when the Constitution was ratified by the United States and by the original 13 colonies", Ostrom wrote in his request, according to court records.
"It should be noted that just because the USA and Iowa constitutions do not specifically prohibit battling another person with a deadly katana sword, it does prohibit a court sitting in equity from ordering same", Hudson wrote.
Ostrom acknowledged the misspelled word in his response but continued to press for a fight. He noted that Game of Thrones had triggered interest in the subject but expressed doubt that an American court would ever order a trial by combat.
Judge Craig Dreismeier has not yet ruled on either party's motions, citing irregularities between the two put forward.
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