Lundberg v. Allen

LARSON, Justice.

This is an interlocutory appeal from a refusal to dismiss and an adjudication by the trial court under rule 105, Rules of Civil Procedure, that under the facts of this case section 598.16 of the 1966 Code did not bar plaintiff’s action for damages for alienation of affection of plaintiff’s former wife.

I.Section 598.16 provides: “When a divorce is decreed the guilty party forfeits all rights acquired by marriage.” Since the decision rendered in Hamilton v. McNeill, 150 Iowa 470, 129 N.W. 480, this court has consistently held that under this section the guilty party is barred…