Legal Opinion

Names v. Names

Supreme Court of Iowa

Decided December 8, 1885PublishedCited by 7 opinions

Appeal from Webster Circuit Court. The parties are husband and wife. Plaintiff brought an action for divorce on the alleged grounds (1) of adultery by the wife, and (2) of cruel and inhuman treatment, endangering his life. Defendant answered denying the grounds of divorce alleged in the petition. She also filed a cross-petition in which she demanded a divorce from plaintiff on similiar grounds.

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Appeal from Webster Circuit Court. The parties are husband and wife. Plaintiff brought an action for divorce on the alleged grounds (1) of adultery by the wife, and (2) of cruel and inhuman treatment, endangering his life. Defendant answered denying the grounds of divorce alleged in the petition. She also filed a cross-petition in which she demanded a divorce from plaintiff on similiar grounds. The circuit court dismissed both petitions, and both parties appeal, plaintiff’s appeal being first perfected.

1Opinion of the CourtReed, J.

The allegation in plaintiff’s petition is that defendant committed adultery with one IT. C. Watters, at Fort Dodge, on or about the fifth day of May, 1883. Plaintiff claims to have proven three distinct acts of adultery between the parties, one occurring on the night of May 5th, another-on the afternoon of the 7th, and the third on the night of the same day. We deem it necessary, however, to inquire only with reference to the transaction on the night of the 7th. The parties were married in 1874. They had one child, a girl, who was between five and six years old at the time of the transactions…

2Cases cited1 opinion

  1. Inskeep v. InskeepSupreme Court of Iowa · 1857

3Cited by7 opinions

  1. Aitchison v. AitchisonSupreme Court of Iowa · 1896
  2. Weatherill v. WeatherillSupreme Court of Iowa · 1946
  3. Jenkins v. JenkinsOregon Supreme Court · 1922
  4. Carlisle v. CarlisleSupreme Court of Iowa · 1896
  5. Anderson v. AndersonSupreme Court of Iowa · 1924

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