Dupont v. Dupont
Supreme Court of Iowa
Appeal from Johnson District Court. Bill and cross bill for divorce — the wife praying in the bill also for alimony. The plaintiff charges the defendant with adultery committed with a person named, after the separation. The defendant’s cross bill bases the prayer for divorce upon allegations of desertion by the plaintiff without reasonable excuse. The evidence shows that plaintiff left the house of defendant, and fails to show any reasonable excuse therefor.
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Appeal from Johnson District Court. Bill and cross bill for divorce — the wife praying in the bill also for alimony. The plaintiff charges the defendant with adultery committed with a person named, after the separation. The defendant’s cross bill bases the prayer for divorce upon allegations of desertion by the plaintiff without reasonable excuse. The evidence shows that plaintiff left the house of defendant, and fails to show any reasonable excuse therefor. It also shows that her conduct subsequent to that time was without reproach, while the defendant committed numerous acts of adultery…
1Opinion of the CourtStockton, J.
The only question in this cause is, whether the complainant was, under the evidence submitted to the District Court} entitled to a decree for alimony against the defendant.
It is provided by the Code, that when a divorce is decreed, the court may make such order in relation to the property of the parties and the maintenance of the wife as shall be right and proper. Section 1485.
The District Court found the equity of the cause to be with the complainant, and that she was entitled to a divorce by reason of the defendant having committed adultery since the marriage. A decree was accordingly…
2Cited by8 opinions
- Mitchell v. MitchellSupreme Court of Iowa · 1921
- Wilson v. WilsonSupreme Court of Iowa · 1875
- Zuver v. ZuverSupreme Court of Iowa · 1873
- Paulsen v. PaulsenSupreme Court of Iowa · 1951
- Hutcheson v. HutchesonSupreme Court of Iowa · 1972
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