Gerk v. Gerk

LARSON, Justice.

Plaintiff Lois Gerk filed her petition for divorce against defendant Joseph A. Gerk, also known as J. A. Gerk, on January 6, 1966, alleging the ground set out in section 598.8(5), Code 1962, as “such cruel and inhuman treatment toward the plaintiff as to endanger her life.” She asked custody of one of their two sons, child support, alimony, a division of the parties’ real and personal property as the court deems reasonable, and costs and attorneys’ fees.

Defendant filed a motion to dismiss plaintiff’s petition on the grounds that the allegations were insufficient to support a…