Cruse v. Cruse

An action for separate maintenance must be supported with that quantum of evidence which warrants a decree of divorce. Shors v. Shors, 133 Iowa 24; Shipley v. Shipley, 187 Iowa 1295. The instant plaintiff: alleges cruel and inhuman treatment. Since this appeal presents fact questions only, prior decisions are of little value in solving the problem before us.

Two factors in that problem may be considered. Was the conduct of the defendant cruel and inhuman, within the legal concept of that term? Did the conduct of the defendant endanger the health or life of the plaintiff? The trial court…