SALT LAKE CITY, Utah (KUTV) — While it sounds like something out of "Game of Thrones," a Kansas man's request to meet his ex-wife and her attorney "on the field of battle where (he) will rend their souls from their corporal bodies (sic)," is entirely real, and surprisingly serious.
According to the Des Moines Register, 40-year-old David Ostrom of Paola, Kansas made the request in an Iowa courtroom where he claims his ex-wife "destroyed him, legally. "
In court records, Ostrom says:
To this day, trial by combat has never been explicitly banned or restricted as a right in these United States. [It was used] as recently as 1818 in British Court.
Ostrom asked the court to give him 12 weeks to source and forge the Japanese katana and wakizashi swords that he wishes to use in combat.
Ostrom says his ex-wife can have her attorney stand in as her "Champion."
Her attorney, Matthew Hudson, responded to the request by filing a resistance to the trial by combat by first correcting Ostrom's spelling:
Surely [Ostrom] meant 'corporeal' bodies which Merriam Webster defines as having, consisting of, or relating to, a physical material body. Although [Ostrom] and potential combatant do have souls to be rended, they respectfully request that the court not order this done. It should be noted that just because the U.S. 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.
Court records also show that Ostrom countered by saying that trials by combat don't always end in death, but can end when someone "cries craven" and yields. Ostrom wrote:
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.
While he doesn't expect that the judge will allow his request, Ostrom still wants an answer from the court.
Trial by combat was used throughout the hit television series "Game of Thrones."