Descelles v. Kadmus
Supreme Court of Iowa
Appeal from the Dubuque District Court. Plaintiff sues for the board and maintenance of defendant’s wife, who was insane, and alleged to have left the hus- ■ band’s house, because of his cruel and inhuman treatment. Answer in denial; trial and judgment for plaintiff, and defendant appeals. The defendant asked the court to instruct the jury, that plaintiff could not recover, without showing that he was the regularly appointed guardian of defendant’s wife.
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Appeal from the Dubuque District Court. Plaintiff sues for the board and maintenance of defendant’s wife, who was insane, and alleged to have left the hus- ■ band’s house, because of his cruel and inhuman treatment. Answer in denial; trial and judgment for plaintiff, and defendant appeals. The defendant asked the court to instruct the jury, that plaintiff could not recover, without showing that he was the regularly appointed guardian of defendant’s wife. This instruction was refused — excepted to — and such refusal is now assigned for error.
1Opinion of the CourtWright, C. J.
The bill of exceptions recites, that evi dence was offered tending to show that the wife of defendant was, and had, for about the space of five years, been insane ; that during that time, the defendant had frequently ill-treated her, by beating and confining her, and bringing into his house women of lewd character; and that at the time stated in the petition, she left the husband’s house, and came to that of plaintiff, (her brother-in-law), who furnished her with board and clothing. There was no evidence that plaintiff had ever been appointed guardian of defendant’s wife. Upon this state of…
2Cases cited2 opinions
- People v. McGeeCourt for the Trial of Impeachments and Correction of Errors · 1845
- M'Gahay v. WilliamsNew York Supreme Court · 1815
3Cited by3 opinions
- Adae & Co. v. ZangsSupreme Court of Iowa · 1875
- State v. HeupelNebraska Supreme Court · 1926
- Wapello County v. EikelbergSupreme Court of Iowa · 1908