92 Iowa 107 | Iowa | 1894
The parties to this action were married to each other on the eighth day of April, 1890. The petition of plaintiff asks a divorce, on the grounds of desertion and inhuman treatment. The answer denies the grounds of desertion alleged, and asks for temporary alimony. The decree of the district court gave to the plaintiff an absolute divorce, and to the defendant the custody of their child, a son, then eighteen months of age, an allowance of one hundred and fifty dollars as alimony, and the costs of suit. At the time of the marriage in question, the plaintiff was about forty-four years of age. He had been married, and was the father of three young children. The defendant was about thirty-four years of age, and had been married, but appears to have been childless. Her first marriage occurred ten years before, and she lived with her first husband ten days. She had been engaged to be married on two different occasions, on each of which the day for the marriage had been set; but both engagements had been broken. Whether she was guilty of any censurable conduct in any of those transactions does not appear. When she became engaged to plaintiff, she was living with her brother, about a mile and a half from Clearfield, and he was doing business in that place. Before their engagement occurred, the defend
At that time the plaintiff was in Bedford, to procure the marriage license. As a result of the interview, her bitter feeling for Ellerick was dissipated, and she became troubled to know what to do. It did not seem to her right to let the marriage.be consummated without telling the plaintiff about her feelings toward Ellerick, and finally she decided to ask that the marriage be postponed one week. She desired that time in which to decide whether to marry the plaintiff, or to tell him that she could not marry him on account of her feelings for Ellerick, and sent a request to the plaintiff to visit her. In response to her message, he went to her on Monday. Their testimony does not agree in all respects in regard to what was then said, but we are satisfied that he was informed of her feelings for Ellerick, and that she desired that the marriage be postponed. The plaintiff expressed regret that he had not known her real feelings sooner, but said it was too late to cancel their engagement, and that it would be best not to postpone the marriage. After mutual expressions of sorrow and sympathy, it was arranged that the marriage should take place at the appointed hour, and that he should call for her at 6 o’clock in the afternoon of the next day, to take her to his home, where the ceremony was to be performed. Two hours before his arrival, she wrote a letter of considerable length to Ellerick, which was delivered to him, in which she gave a full account of her meeting with plaintiff on the preceding day, including the. conversation and final arrangements, and expressed the hope
“Oh, how I long to be free, without causing him disappointment or suffering; I now feel I must go on. I willtry to do my duty as a wife; but oh, the sadness! What a blank my life will be! I can’t tell you how it hurts me to think of those bitter letters I wrote you, and the way I have treated you since. If I had treated you differently, affairs might now be different. Oh, Lee, it was cruel as the grave for you to tell me what you did so late. I do not blame you, but you see my position. It is so near the time, and his need is so great. I am still praying with whole soul that heaven may open up a way even yet by which I may honorably get off. Perhaps, Charley will see this differently, and release me before the hour comes yet. It is now 4 o’clock, and I must write no more. Good-by, Lee. I shall think of you often all through life. It can’t be otherwise. You have my heart, and Charley my hand. Maggie.
“P. S. I don’t know how or when I will have a chance to give you this, but I will take it with me.
“M. F.”
At 6 o’clock the plaintiff arrived, and she returned with him to Clearfield. When she met him, he asked if she was feeling any better, and she told him that her feelings toward him were not changed; that “if anything, I felt more toward him because he suffered so.” They talked about the marriage and the advisability of consummating it, and about the probability of a separation if they were married, until the hour appointed for the ceremony had passed. Finally, she told him, “if he was sure he knew what he was doing, and would rather we would go on, I would do so,” and, “Charley, it is like giving up my life.” He insisted that she would love him if they were married, and the marriage took place. The
On Thursday morning she decided to return to her brother’s house, but, before going, had an interview with- Ellerick, in which he endeavored to persuade her to live with the -plaintiff. She answered, “Lee, he is just insane with jealousy.” She went to her brother’s and, after she had been there a few-days, the plaintiff attempted to effect a reconciliation. He had continued his intimate relations with Ellerick, who gave him the letter his wife had written on her wedding day. He made a copy of it, and took the original to her for an explanation. He tried to induce her to return, and she felt offended because he had said in public he did not know why she had left him. At the end of two weeks she went to his home, and there resided until the next November. Por nearly a week they lived happily together, and then there was trouble. He describes their life together as “rocky;” says there was no affection and no home. Ellerick was a topic of frequent conversation, and a source of constant irritation, although it does not appear that he was directly responsible for it. .The plaintiff says that, whenever she met Ellerick, she was made unhappy and wild; that Ellerick would sometimes take a seat in front of his store to read the papers, and she would take a seat
There is no ground for claiming that the plaintiff was deserted by the defendant. When they finally separated, she left him reluctantly, and because she felt compelled to do so by his conduct toward her. We do not understand the plaintiff to claim that the evidence sustains the charge of desertion. Section 2223 of the Code authorizes a decree of divorce in favor of the wife when her husband “is guilty of such inhuman treatment as to endanger” her life, and he is entitled to a divorce for a like cause. ' The question of chief importance which we are required to determine is whether she has been guilty of such inhuman treatment as to endanger his life. It must be admitted that her conduct was in some respects extraordinary
Within a short time after her return, the want of affection between them and the advisability of a separation were talked about, and were the subject of frequent conversations from time to time until she finally left him. He became desirous of a separation, and consulted an attorney in regard to it. We are satisfied that, during the latter part of the time they lived together, he contributed his full share to tlie unhappy condition in which they lived, and that he was not blameless at any time. Her- foolish infatuation for Elleriek was naturally a cause of distress for the plaintiff. That she was weak to permit it to influence her as it did is true, but she is not guilty of all with which he charges her, and what she did was without any ill will or malice toward the plaintiff,.and to a considerable extent was due to causes beyond her control. She did nothing willfully to distress him, but acted more like one of a weak or diseased mind, who needed care and protection. The plaintiff was of a sensitive and jealous nature, and the conduct of his wife troubled him greatly, and to some extent impaired his health. But that might have been the case had she become insane after their marriage, or had she suffered great bodily affliction, and he had been taxed beyond his strength to care for her. Such causes of ill health as