Rader v. Rader

• Decision Date: 18 November 1907
• Citation: 113 N.W. 817,136 Iowa 223
• Parties: LILLIE MAE RADER, Appellee, v. JOHN DELBERT RADER, Appellant
• Court: Iowa Supreme Court

113 N.W. 817

136 Iowa 223

LILLIE MAE RADER, Appellee, v. JOHN DELBERT RADER, Appellant

Supreme Court of Iowa, Des Moines

November 18, 1907

Appeal from Boone District Court.--HON. J. R. WHITAKER, Judge.

ACTION for divorce. Decree as prayed, and defendant appeals.

Affirmed.

D. R Hindman, for appellant.

D. G Baker, for appellee.

OPINION

DEEMER, J.

Cruel and inhuman treatment, calculated to endanger life, and consisting of the use of profane, vulgar and obscene language toward plaintiff, threats of bodily injury, and deprivation of food and wearing apparel, were the grounds alleged for the divorce. These were denied by defendant. The trial court granted the divorce and gave plaintiff the custody of a minor child. The parties were married on the 18th day of March 1903, and they lived together as husband and wife until March 1, 1905, when plaintiff left her husband and went to live with her parents.

The sole question in the case is one of fact, and that is: Was defendant guilty of such inhuman treatment of plaintiff as endangered her life? We shall not, of course, attempt to set out the entire record. It is enough for the purpose of the case to state our conclusions. Whilst the case is not a strong one, we think there is enough to show that defendant used profane, obscene, insulting, and abusive language toward his wife, complained of her cooking, and generally treated her in such a manner as to endanger her life and health. He never, it is true, used physical violence, but he did that which to any ordinary woman is more cruel. After the first few weeks of married life, he seems to have lost all affection for his wife. He was profane and abusive criticized her cooking, failed to provide her with clothing, and in other ways made life miserable. True, most of the charge defendant denies; but the witnesses were all before the trial court, and plaintiff's condition of health as autoptically disclosed, and her manner and demeanor upon the witness stand, as well as defendant's appearance and demeanor, should all be considered and given due weight. And in such cases as this the finding of the trial court should be given due consideration in view of the conflicting testimony adduced. Plaintiff was comparatively a well woman when she married the defendant, and when she left him she was much broken both in health and spirits, and for this defendant seems to have been responsible. It is not necessary,...