1 Iowa 130 | Iowa | 1855
We see no sufficient legal reason for granting this divorce. It was entirely in the power of the court below, to examine into the circumstances of the case, notwithstanding the consent of the parties ; and upon such examination, to refuse the prayer of the petitioner. It should be a very clear case, indeed, where it would not be the duty of the court to so inquire. The law requires that
It is, perhaps, scarcely necessary to refer to authorities to sustain so plain a proposition. It will, however, be' found recognized in Williamson v. Williamson, 1 Johns. Ch. 487; Van Veghten v. Van Veghten, 4 Ib. 501; Richardson v. Richardson, 4 Porter, 467; Miller v. Miller, 1 Green Ch. 139; Palmer v. Palmer, 1 Paige, 276.
In the case from 1 Johnson, 487, above referred to, the chancellor uses this language: “To guard against all kind of improper influence, collusion, and fraud, it is the policy of the law not to proceed upon the ground of the consent of parties, to a dissolution of the marriage contract.” And in another case, the same learned chancellor says: “ The court cannot take notice of any consent or desire of the defendant, in compliance with the wishes of the plaintiff, and make that the ground even of a qualified divorce from bed and board. It ought to be well understood, that the court will not lend its judicial aid and sanction to any such voluntary agreement. Parties cannot lawfully rid themselves < of the duties of the marriage contract at the pleasure of either ox both of them.” And, indeed, it appears that, except by the laws of Prance and Prussia, no such relaxation of the mar
The consent of the defendant, given since the trial in tkef court below, cannot, of course, change the result. We can only act upon what guided the District Court. If we could, however, for'reasons above stated, this subsequent consent, could make no difference. It was the province and duty of the court, to judge what was, and was not, proved; and it is immaterial how much, or how strongly, the defendant may admit the sufficiency of the proof. The public has an interest in these cases, and the parties cannot be their own judges, but the court decides where so many interests are involved.
Decree affirmed, and bill dismissed at plaintiff’s costs.