Finn v. Finn

• Decision Date: 13 December 1883
• Citation: 17 N.W. 739,62 Iowa 482
• Parties: FINN v. FINN
• Court: Iowa Supreme Court

17 N.W. 739

62 Iowa 482

FINN v. FINN

Supreme Court of Iowa, Des Moines

December 13, 1883

Appeal from Winneshiek District Court.

THE petition alleges, in substance, that plaintiff was married to defendant May 8, 1879, and, with the exception of a short time, continued to cohabit with defendant until January 8 1883; that about January 1, 1883, defendant commenced to abuse and ill treat plaintiff, calling her a thief, and demanding explanations, and informing her that she could no longer live with him, or be supported by him, unless explanations of his accusations were made, of which plaintiff was not guilty; that, on account of the violent abuse and unreasonable language of defendant, plaintiff was compelled to seek board and lodging elsewhere; that after plaintiff was compelled to leave defendant's home, he circulated among her friends and neighbors false and scandalous stories concerning plaintiff's chastity, knowing them to be false and without foundation; that during the last year of plaintiff's living with defendant, he ill treated her to such extent as to render her living with him detrimental to her health; that defendant peremptorily refused to support plaintiff, or allow her in his house; that plaintiff has no property, and is dependent on her own labor for support, and is unable to obtain employment, and compelled to incur indebtedness against defendant for board and lodging. Plaintiff prays that the defendant may be decreed to pay such sums of money for her support and clothing as may be equitable. The defendant, for answer, admits the marriage and cohabitation to December 27, 1882, and denies the other allegations of the petition. The plaintiff thereupon moved the court for temporary alimony and attorney's fees supporting the motion by the following affidavit of plaintiff: "That she is plaintiff in this action. That it is brought to obtain a decree of separate maintenance. That she has no money or property, and barely sufficient clothing to be comfortable. That defendant is her husband and has refused and still refuses to support her or contribute toward her clothing, and has circulated evil reports about her to injure her character among friends and neighbors. That deponent is entirely destitute of means to employ attorneys to prosecute this action, or to provide for her support, and asks that this court order and direct defendant to pay plaintiff such sums of money as shall be necessary for her support and attorney's fee, and to procure testimony during the pendency of this action."

The defendant filed his affidavit, an abstract of which is as follows: "I am defendant. This action is for alimony or separate maintenance, and not for a divorce. That plaintiff has clothing in abundance as to kind, quality and quantity. I am plaintiff's husband, and have never refused to furnish her clothing. I deny that I have circulated reports, or said anything concerning her character prior to her abandonment of defendant, to-wit: ...