Low v. Low

• Decision Date: 12 January 1943
• Docket Number: 46007.
• Citation: 7 N.W.2d 367,232 Iowa 1114
• Parties: LOW v. LOW.
• Court: Iowa Supreme Court

7 N.W.2d 367

232 Iowa 1114

LOW v. LOW.

No. 46007.

Supreme Court of Iowa

January 12, 1943

John L. Duffy, of Dubuque, for appellant.

Appellee not appearing, nor represented by counsel.

HALE Justice.

The petition of plaintiff was filed on December 24, 1941, alleging cruel and inhuman treatment. Defendant did not appear or file pleading and default was entered. The case was heard on January 8, 1942, and on January 14, 1942, the court denied plaintiff's prayer for decree of divorce. Plaintiff appeals. Defendant has not appeared or filed any argument.

We have examined the abstract and appellant's argument, and have also examined the transcript of the evidence, together with the clerk's record of the proceedings in the district court. The appellant, Mabel Low, is a resident of Dubuque County and employed in a sanatorium there. She was married to appellee in 1909, and is now 51 years of age and her husband 61. There are three children, all of whom have attained their majority. The parties separated in 1939. Appellant by occupation was a nurse and she and her husband formerly lived on a farm, but since 1927 she has been employed almost constantly as a nurse. Her work has been at the Mount Pleasant Hospital and at the Sunnycrest Sanatorium at Dubuque. She testifies that appellee has not supported her during the last five years, has given little support to the children and that she has supported herself and the children and put them through school. During the last twelve years her husband, although employed regularly, has contributed very little, if anything, to the family. During the past five years appellant has been sick on three different occasions and undergone an operation for goiter. Part of her sickness was due to heart trouble. Her husband refused to pay her hospital and doctor bills and she was compelled to borrow money, giving her furniture as security. The fuel and rent bills were paid by her and the family was evicted from four different homes because of lack of payment of rent. Although she spoke to her husband about the rent, he was indifferent and told her it was up to her to get a place to live and he wouldn't even look for a home. Appellant claims her ill health was caused by these evictions.

The testimony shows that the children regularly attended Sunday school that the wife is and has been a church member for a long while, and was a member of the W.T.C.U.; that appellee frequently told filthy and licentions stories in front of the children and herself and that when she protested he would merely laugh about it and repeat his conduct. That he cursed her and used vile epithets toward her. That he never visited her at the hospital when she was ill, and when ill at home he did not come near her room or ask about her prepare any meals or bring her anything during these times and ignored her completely. The children, through her efforts attended the common schools and the high schools, the oldest boy finishing the course there, and that this education of the children met with disapproval from her husband. She was greatly embarrassed by the conduct of her husband when she had visitors. Her husband would make fun of them and imitate what they said. She purchased a home on contract and is paying for it, but her husband contributed nothing to the price of the home, and she also bought the furniture.

It is shown by the record that appellee in his habits was careless in his person and as to bathing, although part of his work was the care of mules and horses at the sales barn. That he refused to change his clothes and his conduct, habits and manner of caring for himself caused a nervous condition which resulted in a breakdown of her health. Her early training and education were superior to those of her husband. The gifts furnished the children on Christmas were provided by her, and on only one occasion during her married life did her husband give her a present on Christmas. The work around the house and outdoor tasks, such as shoveling snow, were done by herself and the children. Appellant's health has materially deteriorated during her life with her husband, but she states that since their separation she has gained weight and is in better condition. The foregoing is the substance of her testimony.

There was corroboration as to various matters by an attorney of Spirit Lake, not her counsel in this proceeding, who testified to the general appearance of appellee, some of his actions and statements and to the failure in health of the appellant, as well as to her good reputation and her careful training of the children. He testified also as to the failure of appellee to contribute to the care and support of the...