75 Iowa 200 | Iowa | 1888
— I. The parties were married in the year 1871. There are five children, the issue of the
But it - is contended that the plaintiff should be bound by her contract as it is expressed in the writing, and that, having upon a valuable consideration agreed to return and live with her drupken husband, she should abide by all the consequences resulting from such an alliance. But the evidence shows conclusively that the writing did not express all of the contract of settlement. The evidence is uncontradicted that the motive which induced the settlement was that the defendant should cease his habit of drunkenness. Hon. M. D. O’Connel was then the counsel for defendant. He was a witness on the trial of this case, and, among other things, testified as follows : “Mr. Lewis was emphatic in his promises in being strictly temperate in the future, at that meeting. Mr. Clark, Mr. Lewis, Mrs. Lewis, and myself were together in Mr. Clark’s office. Mr. Lewis pledged himself to his wife that if she would dismiss
III. The district court rendered a judgment against the defendant for the costs of the action, and for two hundred dollars attorney’s fees. The defendant appeals from this judgment. As we hold that there should have been a decree for the plaintiff, the judgment for costs and attorney’s fees will be affirmed. The plaintiff demands an allowance for additional costs, expenses, and attorney’s fees in this court. In order to bring this unfortunate litigation to an end, we have concluded to make an additional allowance to the plaintiff in the sum of one hundred and fifty dollars. The decree of the district court will be reversed, and a decree of divorce will be entered in this court, and the care and custody of the children of the parties will be awarded to the plaintiff, and judgment will be entered against the defendant for the costs and for the two hundred dollars allowed by the district court and for one hundred and fifty dollars allowed by this court, or, at the option of plaintiff, the cause will be remanded for a decree in the district court in accord with this opinion.