157 Iowa 153 | Iowa | 1912
— The parties were married in March, 1905. Defendant was then about forty-seven years old, owned a large farm, had been twice widowed, and was the father of one child, a daughter. The plaintiff was about ten years his junior, was possessed of money or property to the amount of about $1,200, and had no previous matrimonial experience. Not long after the marriage, the relations of the parties became more or less inharmonious. In the year 1909 their differences became so serious that plaintiff left home for a time. Defendant sought a reconciliation, confessed his fault in the matter, signed a written retraction of charges he had made against- his wife, and she returned to him. The treaty of peace proved to be of little effect, and in March, 1910, this action was instituted for divorce upon the ground of cruel and inhuman treatment, endangering the life of the plaintiff. The defendant’s answer consists of a simple denial of the charges of cruel treatment, and an allegation, stated generally and without specification of particulars, that the domestic troubles and difficulties of the parties “were provoked and caused by conduct of the plaintiff, which conduct on her part was without justification or right, and was not provoked by the defendant.” After hearing
Counsel for the appellant favors the court with no argument whatever, except the bald statement that the plaintiff’s case is “devoid of evidence to sustain” her charges of cruel treatment; that said charges, or most of them, have been specifically denied by the defendant as a witness in his own behalf; and that, the burden being upon the- plaintiff, she must be held to have failed to show ground for relief. We find ourselves unable to so easily dispose of the questions at issue. Plaintiff’s testimony tends to show that defendant’s treátment of her from an early day of their married life was not only abusive, but grossly inhuman; that he was a man of violent passion, subjecting her to unprintable personal indignities, striking and kicking her on numerous occasions, applying to her insulting and opprobrious epithets, charging her with unchastity, slandering her family, friends, and* associates, depriving her of her accustomed social and religious privileges, and in many other ways making her life an unbearable burden. It is true that many of the particular incidents related by her are denied by him, but she is sufficiently corroborated, both by the testimony of other witnesses and by the admissions or concessions of the defendant, as to many of the material facts, to amply justify and sustain the finding of the trial court upon the merits of the case. Por example, it is very clear that the defendant was of an unreasonably, if not insanely, jealous disposition; that he frequently, if not continuously, and in the vilest terms, charged her with unchastity. Not content with making these charges to the wife herself in the
Concerning the alimony allowed, if we were to take for granted the correctness of appellant’s statement that the net value of his property is only about $15,000, we might be induced to think that the allowance of $5,000 was excessive. But in our judgment he clearly underestimates the valim of his estate, and .then reduces his net worth by a more or less doubtful claim of large indebtedness, the greater part of which he says is held by his immediate relatives. He has a farm of some five hundred acres, which is well stocked with horses, cattle, sheep, and hogs, and,we are satisfied that if his property is to be estimated at its full market value, and the “water” extracted from his alleged liabilities, it would be found to exceed his estimate very largely. We are not disposed to interfere with the judgment for alimony. The attor
For the reasons stated, the decree below will be affirmed, and the costs, except costs of plaintiff’s printing, will be taxed to the defendant. — Affirmed.