Legal Opinion

Barnes v. Barnes

Supreme Court of Iowa

Decided October 5, 1882PublishedCited by 10 opinions

Appeal from Lee District Court. The plaintiff commenced an action for divorce from his wife, the defendant, on the ground of cruel and inhuman treatment. The defendant denied the allegations of the petition and filed a cross-petition claiming a divorce from the plaintiff on the ground of cruel and inhuman treatment, desertion and habitual drunkenness.

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Appeal from Lee District Court. The plaintiff commenced an action for divorce from his wife, the defendant, on the ground of cruel and inhuman treatment. The defendant denied the allegations of the petition and filed a cross-petition claiming a divorce from the plaintiff on the ground of cruel and inhuman treatment, desertion and habitual drunkenness. Pending the trial the court made an order that the defendant pay into court for the use of the plaintiff, to pay his attorney, $25. This sum was not paid. Upon the final hearing the court found against the plaintiff on his petition, and in favor…

1Opinion of the CourtDay, J.

The parties were married in Virginia in 1851, where they resided untill 1872, when they removed to lee county Iowa. They brought with them of their joint means about $885, which was used in the support of their family. Prior to their coming to this State the defendant inherited $1,800 from the estate of her father, with a part of which the parties purchased forty acres of land upon which they have since resided as a homestead, paying therefor $1,400 and taking the title in the wife’s name. This property has been somewhat improved, and is now worth about $1,600.

All the improvements have been…

2Cited by10 opinions

  1. Mitchell v. MitchellSupreme Court of Iowa · 1921
  2. State ex rel. Tolls v. TollsOregon Supreme Court · 1938
  3. Brenger v. BrengerWisconsin Supreme Court · 1910
  4. Miller v. MillerSupreme Court of Iowa · 1972
  5. Nelson v. NelsonSupreme Court of Iowa · 1955

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