Wertz v. Wertz
Supreme Court of Iowa
Appeal from, Boone Circuit Court. Action for divorce. The petition states the cause of action as follows:, “1. On the 7th day of February, 1874, plaintiff filed a petition alleging a marriage of himself to defendant, in Boone county, Iowa, on May 25th, 1870. “2. That they lived together as husband and wife till June, 1872, when defendant, without any fault or neglect on his part, became hopelessly and incurably insane, and by reason of her insanity she became, and was…
Read the full summary
Appeal from, Boone Circuit Court. Action for divorce. The petition states the cause of action as follows:, “1. On the 7th day of February, 1874, plaintiff filed a petition alleging a marriage of himself to defendant, in Boone county, Iowa, on May 25th, 1870. “2. That they lived together as husband and wife till June, 1872, when defendant, without any fault or neglect on his part, became hopelessly and incurably insane, and by reason of her insanity she became, and was dangerous to live with; that she had often struck at him with a knife and other deadly weapons, and tried to kill or injure…
1Opinion of the Court
Seevers, Oh. J.
Marriages may be annulled under the Code where either party was impotent, insane or idiotic, at the time of the marriage. Sec. 2231. But neither, whether existing at the time of the marriage, or arising subsequent thereto, are in terms made grounds for a divorce. The statutory ground or cause of divorce, on which the plaintiff must succeed, if at all, is as follows: “When the defend*536ant is guilty of such inhuman treatment as to endanger the life of the plaintiff.” Code, Sec. 2223. The inhuman treatment on which the plaintiff relies occurred while the defendant was insane and…
2Cases cited2 opinions
- Behrens v. McKenzieSupreme Court of Iowa · 1867
- Douglass v. DouglassSupreme Court of Iowa · 1871
3Cited by6 opinions
- Tiffany v. TiffanySupreme Court of Iowa · 1891
- Bethel v. BethelMissouri Court of Appeals · 1914
- Bosveld v. BosveldSupreme Court of Iowa · 1943
- Rice v. RiceMassachusetts Supreme Judicial Court · 1955
- Cain v. MilburnSupreme Court of Iowa · 1921
1 more not listed; retrieve them via the Exa API.