Legal Opinion

Atkinson v. Atkinson

Supreme Court of Iowa

Decided October 23, 1885PublishedCited by 2 opinions

Appeal from Polk Cireuit Court. This is an action for divorce upon the alleged ground that the defendant willfully deserted the plaintiff, and continued to absent herself from him, without any reasonable cause for the period of two years next preceding the commencement of the suit. There was an answer denying the alleged desertion, and a cross-bill for a divorce upon account of cruel and inhuman treatment.

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Appeal from Polk Cireuit Court. This is an action for divorce upon the alleged ground that the defendant willfully deserted the plaintiff, and continued to absent herself from him, without any reasonable cause for the period of two years next preceding the commencement of the suit. There was an answer denying the alleged desertion, and a cross-bill for a divorce upon account of cruel and inhuman treatment. The circuit court granted a divorce upon the petition of the plaintiff, and dismissed the cross-petition, and decreed that the plaintiff should pay to the defendant a certain sum of money…

1Opinion of the CourtEotiirock, J.

I. The parties were married in the state of California in the year 1877. Before their marriage the plaintiff was a resident of the -city of Des Moines, in this state, and the defendant resided with her parents in California. Soon after the marriage the parties took np their residence in the city of Des Moines. The father of the defendant presented her with a dwelling-house in which they lived part of the time, and at other times they resided with the family of the plaintiff’s another, or iaa rooaaas to theanselves in her house. Two children were boraa to the parties, both of whoaoa are still…

2Cited by2 opinions

  1. Bailey v. BaileySupreme Court of North Carolina · 1956
  2. Day v. DaySupreme Court of Iowa · 1892

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