Dabelstein v. Dabelstein

• Decision Date: 25 June 1921
• Docket Number: 34014
• Citation: 183 N.W. 385,191 Iowa 808
• Parties: CARRIE E. DABELSTEIN, Appellant, v. PAUL H. DABELSTEIN, Appellee
• Court: Iowa Supreme Court

183 N.W. 385

191 Iowa 808

CARRIE E. DABELSTEIN, Appellant, v. PAUL H. DABELSTEIN, Appellee

No. 34014

Supreme Court of Iowa, Des Moines

June 25, 1921

Appeal from Monona District Court.--WILLIAM HUTCHINSON, Judge.

ACTION for divorce. There was a decree for the defendant below. Plaintiff appeals.

Reversed.

Prichard & Prichard, for appellant.

C. E Cooper and Lutz, Bennett & Lutz, for appellee.

PRESTON J. EVANS, C. J., WEAVER and DE GRAFF, JJ., concur.

OPINION

PRESTON, J.

The charge is cruelty such as to endanger life. Defendant is about 68 years of age, weighs 225 pounds, and he says he is in perfect health, without an ache or a pain. Plaintiff is 51 years of age, and she testifies that her health is broken, and that she is nervous. She was never married before. The parties lived together about 25 years as husband and wife. They seemed to get along better until 2 or 3 years ago. Five children have been born, two of whom are living, a daughter, a young lady of 24, and a son just coming into manhood. They had no means when they were married, to speak of; she had a few hundred dollars. They have no property to speak of except the homestead, which is incumbered for about $ 1,500. It was valued at $ 2,800, when some land they had was traded for this property and another of the same valuation. At first, the homestead was in his name, but recently he deeded it to her. It has been improved somewhat since it was acquired. Plaintiff claims that the larger part of the property was paid for with her money, and that in the trade defendant received the larger part of the proceeds of the other property. He ran a shoe business and pool hall. He became financially embarrassed after the marriage. A short time before the suit was brought, plaintiff inherited an interest in an estate, but as yet has not come into possession of it. Appellee argues that this and the fact that he refused to sign a deed to the homestead are the principal reasons for this suit.

The evidence tends to show, and we understand it to be conceded, that defendant is, in his temperament and habits, inclined to be coarse. The daughter is, or has been, a school teacher, and it is appellee's contention that she is inclined to consider herself above her father. She sides with the mother. The son, though testifying for the mother, seems to be trying to be neutral between them. She testifies:

"He is a German and I am an American. During the last two years I could scarcely live with him. He has cursed me time and time again; has ordered me out of the house, and threatened to strike me; often called me a 'son-of-a-bitch,' a 'bitch,' and an 'old heifer;' had done this often. If anything went wrong, I caught it. He abused the children for years; struck my daughter and knocked her down into a chair; choked the boy until I had to interfere; has threatened time and again to drive the children out of the house. He would call our daughter and son the same names he called me. His treatment has caused me to become nervous. I am subject to blood pressure, and have hemorrhages every time I have one of those nervous spells. I cannot longer live with my husband without endangering my life. My doctor tells me I must quit having these excitable times. My husband has provided nothing for me personally for years, and he objects to furnishing provisions. The children have been providing provisions for the home ever since they have worked out. My daughter has furnished me with my clothes ever since she went to work. The two children have furnished the fuel for the house, and defendant took part of it down to burn at the pool hall. My son has supported himself since he was 13 years old. Since coming to Mapleton, I have been working as a milliner, and the money I have made has gone into the family. I am sick at the present time. I am under the doctor's care all the time; blood pressure and hemorrhages during the last two weeks. I have been so afflicted for the last 4 years. I had good health until I moved to the farm. We moved away from the farm 5 years ago. I weigh 234 pounds. For 15 years I weighed over 250 pounds. I...