Tiffany v. Tiffany

• Decision Date: 17 December 1891
• Citation: 50 N.W. 554,84 Iowa 122
• Parties: TIFFANY v. TIFFANY.
• Court: Iowa Supreme Court

84 Iowa 122

50 N.W. 554

TIFFANY

v.TIFFANY.

Supreme Court of Iowa.

Dec. 17, 1891.

Appeal from district court, Hamilton county; J. L. STEVENS, Judge.

Action in chancery for a divorce and alimony. There was a decree granting the relief prayed for by plaintiff. Defendant appeals. Reversed.James C. Davis, for appellant.

Martin & Wambaugh, for appellee.

BECK, C. J.

1. The plaintiff asks for divorce and alimony on the statutory ground that defendant is guilty of such inhuman treatment as to endanger her life. The petition alleges that defendant has personal and real estate, and plaintiff is without means for the prosecution of this suit, and for the support of herself and the minor children of the parties, whose custody she prays may be given to her. The petition was filed December 15, 1888. On the 9th of February following defendant was adjudged insane in proper proceedings had before the commissioners of insanity of Hamilton county, where the parties resided and the suit was commenced. On the 15th of February, 1889, W. J. Covil, as guardian ad litem, filed an answer to the petition, and on the 1st of the May following an answer to the amended petition, denying the allegations of the petition, and alleging that defendant, during all the time, as shown in the petition, in which the acts and conduct complained of are averred to have occurred, was insane, and alleging the adjudication of insanity, as just stated.

2. The evidence clearly establishes the fact of defendant's insanity during the time of the occurrences upon which the charge of inhuman treatment is based. The medical expert testimony, as well as the preponderance of other evidence, satisfactorily leads to this conclusion. Dr. Hill, whose evidence is corroborated by other medical experts, gives this testimony: “I am a physician, and superintendent of the Iowa Hospital of the Insane at Independence. Have been such superintendent seven and one-half years, and for seven years previous to becoming superintendent I was first assistant physician of that institution. Henry L. Tiffany, the defendant, is now a patient in the Iowa Hospital for the Insane at Independence. I received him for custody and treatment on the 13th day of February, 1889. He is now in a weak, somewhat confused, and unstable mental state, and I consider him insane. As to his present symptoms, Mr. Tiffany is somewhat careless in his personal appearance and habits. He is absent-minded, and his memory is impaired. His faculties are quite confused at times. He is quite hypochondriacal, and more or less emotional. I consider this man a case of primary dementia, characterized by an insidious and gradual loss of some of the faculties of the mind, and leaving others to a great extent impaired. This form of insanity may be free from marked and constant delusions, and such is the case with this man. On his admission to the hospital Mr. Tiffany was suffering from cerebral congestion, and this condition of the brain continues. I think this disease is rather an inflammation of the membranes than an inflammation of the brain itself. I believe its condition is chronic and permanent. I believe the disease which affects the mind of this man has been developed gradually, and that it began years ago. The disease of which Mr. Tiffany is now suffering originated in the brain and surrounding membranes. It has extended to some extent into the spinal cord, and has produced the condition which may be called ‘sclerosis.’ I believe some of the nervous fibers of the spinal cord are diseased, and that such disease impairs the functions of locomotion. I am of the opinion that Mr. Tiffany has not been thoroughly sound in mind for a number of years, and base this opinion upon the history I have received of this case from the certificate made by Dr. Medbury, by information acquired from the sheriff who brought him to the hospital, and upon statements made by the patient himself. I believe that the injury which Tiffany received to his head in Keokuk, several years ago, contributed to his mental condition. The causes which produce the condition from which Mr. Tiffany is now suffering are hereditary predisposition, injury to the head, excessive venery, and domestic infelicity. I believe that Mr. Tiffany is permanently impaired, both in body and mind; that he is incapable of self-support,--of transacting important business; also that his mental disturbance is aggravated by undertaking responsible duties, and by circumstances which irritate his sensitive disposition. Cross-examination: Mr. Tiffany has been under my observation ever since he came to the hospital for treatment. My examination has not been wholly objective, but since this patient is able to describe his own feelings, and state his history, the examination has also been subjective. Mr. Tiffany attributes his present physical and mental condition largely, if not wholly, to the injury he received to his head several years ago, although he admits that he may have inherited a tendency towards nervous diseases and insanity from his parents and other ancestors. I base my opinion as to the length of time that Mr. Tiffany has been in an unsound condition of mind partly on the history which I have received of his case, and partly on the form of physical and mental disease from which he is suffering. Excessive sexual indulgence with lewd women may have produced the nervous system and mind from which this man was suffering when admitted to the asylum. I believe this man to be insane, and that his mental derangement is due to meningitis and disease of the brain and spinal cord. These conditions doubtless existed for years, and are not likely to be cured by medical treatment. Mr. Tiffany is insane to a considerable extent on almost all subjects. On the other hand, his mind exhibits more or less...