Day v. Day
Supreme Court of Iowa
Appeal from Muscatine District Gowrt. — Hon. C. M. Waterman, Judge. Action for divorce on the ground of desertion. The defendant denies the alleged desertion, and pleads that her absence from the plaintiff’s house, and her living apart from him for two years past, was with the plaintiff’s express consent and acquiescence, and upon the sole condition that the plaintiff should not be responsible for the defendant’s support during such absence, which condition she has complied…
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Appeal from Muscatine District Gowrt. — Hon. C. M. Waterman, Judge. Action for divorce on the ground of desertion. The defendant denies the alleged desertion, and pleads that her absence from the plaintiff’s house, and her living apart from him for two years past, was with the plaintiff’s express consent and acquiescence, and upon the sole condition that the plaintiff should not be responsible for the defendant’s support during such absence, which condition she has complied with, and avers that such consent was not withdrawn until the commencement of this cause. The defendant, in a cross…
1Opinion of the Court
KINNE, 3.-I.
I. The. plaintiff claims a divorce on the ground of desertion. The plaintiff and the defend-1. DIvoRcE: desertion: cruel and inhuman treatment: evi-denee. ant were married September 28, 1882, and lived together as husband and wife at the plaintiff's house, until April 11, 1887. At the last-mentioned date the defendant l~ft the plaintiff’s house, and went to the residence of her daughter. Both parties to the marriage were elderly persons, having grown-up children by former marriages. The defendant and her child, after the marriage, took up their abode with the plaintiff on his…
2Cases cited4 opinions
- Wheeler v. WheelerSupreme Court of Iowa · 1880
- Doolittle v. DoolittleSupreme Court of Iowa · 1889
- Beebe v. BeebeSupreme Court of Iowa · 1859
- Atkinson v. AtkinsonSupreme Court of Iowa · 1885
3Cited by21 opinions
- Hill v. HillCalifornia Court of Appeal · 1947
- Prine v. PrineSupreme Court of Florida · 1895
- Bailey v. BaileySupreme Court of North Carolina · 1956
- Aitchison v. AitchisonSupreme Court of Iowa · 1896
- State v. BagwellSupreme Court of South Carolina · 1923
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