Legal Opinion

Pierce v. Pierce

Supreme Court of Iowa

Decided February 22, 1871PublishedCited by 10 opinions

Appeal from Cedar District Court. Action for divorce, brought by the husband against the wife, on the ground that she had willfully deserted him and absented herself without a reasonable cause for the space of more than two years. The defendant in her answer denies that she had absented herself without reasonable cause; and also sets up certain acts of cruel and inhuman treatment, etc., upon which she asks alimony, etc.

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Appeal from Cedar District Court. Action for divorce, brought by the husband against the wife, on the ground that she had willfully deserted him and absented herself without a reasonable cause for the space of more than two years. The defendant in her answer denies that she had absented herself without reasonable cause; and also sets up certain acts of cruel and inhuman treatment, etc., upon which she asks alimony, etc. Jury trial; verdict and judgment for defendant, simply denying to plaintiff a divorce. The plaintiff appeals.

1Opinion of the CourtCole, J.

The parties, prior to their marriage, lived in the same neighborhood and about one-half mile apart, and were members of the same church. The plaintiff was forty years old and was keeping house, his mother and sister living with him. The defendant was only twenty-two years old and was living with her father’s family. They were married on Sunday, the 28th day of April, 1867; attended church together, both forenoon and afternoon, and after the congregation was dismissed they went together to *239the house of the plaintiff. They found the mother there, who admitted them to the house, with affected…

2Cited by10 opinions

  1. Nelson v. NelsonSupreme Court of Iowa · 1955
  2. Russell v. RussellSupreme Court of Iowa · 1911
  3. Hitchcock v. HitchcockCourt of Appeals for the D.C. Circuit · 1899
  4. Droege v. DroegeMissouri Court of Appeals · 1892
  5. Matheny v. MathenySupreme Court of Iowa · 1921

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