Johnson v. Levis

(dissenting) — I respectfully dissent.

While the majority decision may at first seem plausible or perhaps unavoidable, further consideration leads to the conclusion it is not required or justified by Code section 598.14 or section 668.1 or by our prior decisions and is opposed to the trend of ■authority in other jurisdictions which the majority deems.it neither necessary nor desirable to consider.

I. Petitioner’s cross-petition in the divorce suit and his wife’s reply thereto allege in effect the parties had separated. We were told in oral argument without denial they had separated.

The wife’s…