Legal Opinion

Wells v. Wells

Supreme Court of Iowa

Decided February 12, 1902PublishedCited by 14 opinions

Appeal from Mahaslca District Court. — Hon. A. K. Dewey, Judge. Action for divorce on the ground of adultery. Defendant, by cross action, seeks divorce on the ground of cruel and inhuman treatment. The lower court dismissed both actions on the merits. Each party appeals, and plaintiff wilí be treated as appellant. —

1Opinion of the Court

McClain, J. —

1 There is some evidence tending to show adultery committed by defendant on two different occasions, but the evidence is far from satisfactory, and giving some weight — as we have a right to do, even in an equity cause — to the conclusions of the trial judge, who heard the witnesses, we are not inclined to interfere with the decree. Evidence as to one of the occasions does not help out the evidence as to the other, because in each instance the conclusion to be drawn depends upon direct testimony, and not upon ■ proof of the intent of the. parties. So far as there was direct…

2Cases cited1 opinion

  1. State v. ChaneySupreme Court of Iowa · 1900

3Cited by14 opinions

  1. Weatherill v. WeatherillSupreme Court of Iowa · 1946
  2. Klepper v. KlepperSupreme Court of Iowa · 1944
  3. Chapman v. ChapmanSupreme Court of Iowa · 1917
  4. Olson v. OlsonSupreme Court of Iowa · 1906
  5. Courtney v. CourtneySupreme Court of Iowa · 1932

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