Sido v. Sido, 47680
Decision Date | 10 July 1951 |
Docket Number | No. 47680,47680 |
Parties | SIDO v. SIDO. |
Court | Iowa Supreme Court |
Kimball, Peterson, Smith & Peterson, of Council Bluffs, for appellant.
J. A. Williams and Roy W. Smith, of Council Bluffs, for appellee and cross-appellant.
The parties were married in Council Bluffs in 1937. Mr. Sido was twenty-nine years old, she was thirty-one. He was a locomotive fireman but shortly after the marriage was laid off and for some time had part time employment as a laborer. He had been twice married and had a daughter, Roberta Lee, aged seven or eight years. Both wives were deceased. Mrs. Sido had been married and divorced. She was then working as a waitress.
Their domestic troubles started a few months after their marriage. Mr. Sido brought Roberta Lee into the home to live. He testified Mrs. Sido found fault with everything the child did and nagged him about it so much the home was kept in a turmoil. Mrs. Sido testified she had some trouble with Roberta Lee, 'she was a little bit hard to manage, but I never did have to beat her.' Within a short period Mr Sido twice moved out of the home with the child. After a few months he arranged for Roberta Lee to live with others. In 1943 another attempt on his part to keep the child with him resulted in failure after a few weeks. Roberta Lee testified Mrs. Sido again objected to her presence in the home. Again in 1948 Roberta Lee, then about nineteen, visited her father for about two weeks. She testified Mrs. Sido was unfriendly and complained Roberta Lee 'made her extra work and nervous.'
Plaintiff testified his wife frequently quarreled with him, used vile and profane language and went into tantrums which would usually be followed by a pretended or a real illness; that her quarreling, nagging and yelling caused him to lose sleep and affected his nerves and health; that to escape this he frequently went out and walked around the streets of Council Bluffs at from midnight to 4 or 5 A.M.; that beginning about 1947 she played bingo regularly and was out from about 7 until 11 or 11:30 almost every night and that finally in February, 1949, after one of their usual arguments he felt he could stand no more and left home.
Mrs. Sido testified plaintiff was responsible for their quarrels; he had a violent disposition, cursed and swore at her and physically assaulted her. She testified to a number of such assaults (denied by him) between 1937 and 1946. She had a heart ailment which she testified was not serious at the time of the marriage, but which gradually became very much worse. Her doctor testified he attended her for this November 18, 1946. He next saw her December 2, 1947. After the separation in February, 1949 defendant consulted the doctor regularly. He testified she was under treatment for menopause also. He prescribed rest and told her to keep down her total physical activities within the possibilities of her heart.
For several years after the marriage Mrs. Sido from time to time took employment as a waitress and kept roomers and boarders in the home. Mr. Sido again became regularly employed as a locomotive fireman. In 1944 he borrowed $2,650 from Mrs. Sido's mother and bought the home which is in the joint names of the parties. He built a garage, painted the house, placed cabinets in the kitchen and otherwise improved the premises. Later he borrowed $1,400 from his mother-in-law and purchased an automobile which stands in the names of both parties. These loans from Mrs. Sido's mother have been fully paid.
When plaintiff left the home he took with him the automobile. Mrs. Sido's mother then bought an automobile which Mrs. Sido keeps in the garage at the home and drives. Her mother does not operate an automobile.
I. No attempt has been made to set out in detail the testimony of the parties with reference to the various quarrels and alleged encounters. Apparently neither party was free from blame for their difficulties. There is little corroboration for the testimony of either concerning inhuman treatment by the other. The trial court found this evidence did not entitle either party to a divorce on that ground. A careful consideration of the record persuades us this conclusion was correct.
II. Plaintiff alleged also defendant had committed adultery. This action for divorce was instituted September 22, 1949, shortly after plaintiff had entered the home and discovered papers:
Telegram to Mrs. Opal Williams, April 28, 1949. 'Arrived Hotel Chancellor Parkersburg West Virginia Love, M. S. Palmer.'
Air-mail letter from Parkersburg, West Virginia, to Mrs. Opal Williams, April 30, 1949.
May 6, 1949: * * *.
Telegram, May 25, 1949:
August 5, 1949, Fredonia, New York: .
Mrs. Sido testified: She used the home of her mother in Council Bluffs as her address for her correspondence with men.
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