Luick v. Luick
| Decision Date | 20 November 1906 |
| Citation | 132 Iowa 302,109 N.W. 783 |
| Parties | LUICK v. LUICK. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from District Court, Franklin County; W. D. Evans, Judge.
Action by plaintiff for a divorce, alimony, and the custody of the minor children of the parties. There was a decree in favor of plaintiff, and therefrom the defendant appeals. Affirmed.Purcell, Bradley & Divit and H. C. Liggett, for appellant.
E. P. Andrews, for appellee.
The parties to this suit were married in Franklin county in the year 1887. They continued to live in that county until the year 1901, when they removed to North Dakota. In March, 1905, plaintiff, with her children, of which there were three, left defendant, and returned to Franklin county where they have since resided. The ground of plaintiff's complaint is cruel and inhuman treatment such as to endanger life. The evidence on the subject is very voluminous. and, as no good purpose could be subserved by such an undertaking, we shall not even assume to set forth a synopsis thereof. Suffice it to say that we have read the evidence in detail and our reading has satisfied us that the competent evidence warranted the trial court in finding that the defendant had become accustomed to almost daily abuse of plaintiff such as that no husband ought to inflict upon his wife and the mother of his children, and such as that no wife ought to be compelled to endure. He frequently kicked her. Assaulted her in a violent manner and with deadly weapons and threatening to main her and to take her life. Almost daily he addressed her with profane epithets and curses, called her vile names, accused her of unchastity, etc. And all this in the presence of their children, the oldest a girl now 15 years of age. That such treatment is calculated to affect the health of the average woman no one can doubt, and the trial court was warranted in finding that such had been the effect in plaintiff's case. We have repeatedly held that upon a state of facts such as here appear a divorce was proper. Wheeler v. Wheeler, 53 Iowa, 511, 5 N. W. 689;Shook v. Shook, 114 Iowa, 592, 87 N. W. 680;Berry v. Berry, 115 Iowa, 543, 88 N. W. 1075.
Complaint is made of the allowance of alimony. When the parties were married the plaintiff owned a farm of 80 acres in Franklin county. The defendant had nothing except a small amount of personal property. When the move was made to Dakota the farm was sold, and the proceeds devoted to the purchase of 160 acres of land in...
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