70 Iowa 614 | Iowa | 1887
The parties were married in March, 1855. At that time they lived in Scott county, and they continued to live there until 1876, when they removed to Adair county. When they were married, they were possessed of but little of this world’s goods; but they were industrious, economical and prudent in the management of their affairs, and at the time of their separation, which occurred in December, 1883, they were in good circumstances. They owned a well-improved farm of 150 acres, and had about them the amount of stock and other property usually kept on farms of that size, and defendant had some money and evidences of indebtedness to the amount of $2,500 or $3,000. Substantially, all of this property was accumulated by their joint efforts after their marriage. Plaintiff not only did the work in and about their house, but she often assisted defendant in his work on the farm. She frequently drove the reaper when they were harvesting their small grain, and she generally
Plaintiff’s complaint is that, during the time she lived with defendant, he, on several occasions, committed acts of
According to plaintiff’s own story, the acts of violence of which she complains were not of a serious character. Nor did she receive any injuries that were at all dangerous to either life or health. She made no complaint to her relatives of the injuries she claimed to have received until after the separation, although, with a single exception, they occurred years before that; and other matters of difference between her and her husband were in the mean time the subject of frequent discussion between her and them. Nor were they the occasion of the separation. It may be conceded that the evidence with reference to those transactions shows that defendant was arbitrary and dictatorial, and that he is not possessed of the highest sense of what is due from a husband to his wife. , But his conduct, although reprehensible, was not characterized by that degree of cruelty and inhumanity which in the eyes of the law will justify either a divorce or a separation. Ve think, also, that the allegation that he compelled plaintiff to submit to excessive sexual indulgence, to the injury of her health, was not proven.
One remarkable feature of the case, however, remains to be considered. Before she made the acquaintance of defendant, plaintiff* was engaged to be married to a man by the name J. Y. D. Lewis, who is a relative of hers. Her father at one time gave his consent to this engagement, but subsequently became dissatisfied with something which he claimed Lewis had done. He forbade him to come about his house, and, in consequence of this, the engagement between him and plaintiff was broken off. Lewis, afterwards married another woman, and moved away from Scott county, and he and plaintiff did not meet again until about two years before her removal to Adair county. At that time Lewis lived in Audubon county. Plaintiff and defendant being on a visit to a brother of hers who lived in Guthrie county, they went, accompanied by her brother, on a visit to Lewis. They repeated the
Strange as it is that a question of this character should have arisen after the parties had lived together in the marital relation for more than twenty years, and raised a family of children, it is still more remarkable that there should be any question as to which of them it was that questioned the lawfulness of the relation in which they were living. But so it is. Each of them testified that it was the other that raised the qirestion, and that the bickerings and troubles which it caused arose from the frequency and persistency with which it was urged. While it may be difficult to determine which of them is responsible for starting the question originally,
We need not inquire whether she was required to make a case that would have entitled her to a divorce before being
As we reach the conclusion that the plaintiff is not entitled to recover at all, we do not consider the question whether an award in gross can be made for the separate support of the wife, which was the form of the judgment below.
Eevebsed.