Freerking v. Freerking
Supreme Court of Iowa
Appeal from Benton District Court. Divorce: demurrer to petition: inhuman treatment as A ground op divorce. — This was a petition for divorce founded upon the seventh subdivision of § 2584 of the Revision.
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Appeal from Benton District Court. Divorce: demurrer to petition: inhuman treatment as A ground op divorce. — This was a petition for divorce founded upon the seventh subdivision of § 2584 of the Revision. It is alleged in the petition in substance as follows: That the parties were married January 13,1864 ; that the defendant’s treatment of the plaintiff has been so inhuman as to endanger her life; defendant frequently permitting himself to go off in sudden fits of passion, during which he would treat plaintiff in the most shameful and abusive manner, frequently villifying the plaintiff,…
1Opinion of the CourtDillon, J.
1.divobce: inhuman treatment. By,our statute (Rev. § 2533), the wife is entitled to a divorce when the husband “ is guilty w 0 0f inhuman treatment as to endanger her life.”
The meaning and true construction of this provision were very fully considered in the case of Beebe v. Beebe, 10 Iowa, 133; recognized and followed in Caruthers v. Caruthers, 13 Iowa, 266, to which we refer.
The statute requires two ingredients to authorize the innocent party to claim a divorce on this ground.
1st. The treatment of the opposite party must be inhuman, and
2d. Such as to endanger life.
2._ pleadings. In framing…
2Cases cited2 opinions
- Beebe v. BeebeSupreme Court of Iowa · 1859
- Caruthers v. CaruthersSupreme Court of Iowa · 1862
3Cited by12 opinions
- Murray v. MurraySupreme Court of Iowa · 1953
- Aitchison v. AitchisonSupreme Court of Iowa · 1896
- Weatherill v. WeatherillSupreme Court of Iowa · 1946
- Zuerrer v. ZuerrerSupreme Court of Iowa · 1947
- Crawford v. CrawfordSupreme Court of Florida · 1879
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