67 Iowa 383 | Iowa | 1885
The allegation in plaintiff’s petition is that defendant committed adultery with one IT. C. Watters, at Fort Dodge, on or about the fifth day of May, 1883. Plaintiff claims to have proven three distinct acts of adultery between the parties, one occurring on the night of May 5th, another-on the afternoon of the 7th, and the third on the night of the same day. We deem it necessary, however, to inquire only with reference to the transaction on the night of the 7th. The parties were married in 1874. They had one child, a girl, who was between five and six years old at the time of the transactions in question. They had resided in Fort Dodge for about two years, and for the greater part of the time had lived with plaintiff’s mother. Their married life had undoubtedly been unhappy. Defendant admitted that she had ceased to love or care for her husband. It is not mate
We have examined the evidence offered in support of this charge in the cross-petition, and, without setting it out in detail, we deem it sufficient to say that in our opinion it does not establish the charge. We think, also, that the allegations of cruel and inhuman treatment in the petition and cross-petition are not proven. The judgment dismissing plaintiff’s petition will be reversed, and the cause will be remanded with directions to the circuit court to enter judgment granting plaintiff a divorce. Or, at plaintiff’s election, such judgment will be entered in this court.
The judgment dismissing defendant’s cross-petition will be affirmed.