Hathaway v. Hathaway

MUNDT, Circuit Judge.

Plaintiff and respondent commenced this action for divorce upon the ground of desertion on the part of the defendant and appellant, alleging that the appellant refused to move to Sioux City, Iowa, and other places where he had been located by his employers. At the trial respondent amended his complaint alleging as a second cause of action that the appellant refused to have reasonable matrimonial intercourse with him, although physically capable of so doing.

The appellant by way of answer and cross-complaint denied the allegations of the complaint, and alleged adultery on…