178 Iowa 1025 | Iowa | 1916
I. The claim for divorce is based on habitual drunkenness after marriage and cruel and inhuman treatment, due to the fact that defendant embezzled and appropriated to his own use funds belonging to a voluntary association of which .he was treasurer; that he took and appropriated goods from a store in which he was clerking (some of the goods being used by plaintiff); that he forged some notes and become a fugitive from justice, and used an assumed name. Plaintiff says that defendant told her of’ his crime; told her that he had been lying to her, and absconded, leaving her without any means of support; all of which preyed upon her mind, caused her to be nervous, to worry and to pass sleepless nights, to the injury of her life and health, and endangering her life. A demurrer to the petition was overruled, and defendant then answered, pleading that his wife without excuse abandoned him, and that she has since refused to return and live with him, and that he has offered to contribute to her support, but that she would not accept such contributions. Defendant also moved to strike from the petition all allegations of cruel and inhuman conduct, because the facts alleged do not in law amount to such treatment. This motion was overruled, and defendant excepted' The case then went to trial on the issues joined, resulting in the decree appealed from. Defendant has never been convicted of a felony. lie was indicted for the offense of forgery, but upon trial was acquitted. So far as shown, he has not committed any of the other offenses charged, unless it be that he embezzled the funds of an association of which he was the treasurer; but, as this was made good by some