McNabb v. McNabb
McNabb v. McNabb
Opinion of the Court
In her petition, plaintiff asked for a divorce on three grounds: desertion; cruel and inhuman treatment; and that defendant has become an habitual drunkard since the marriage.
Such is the situation, too, in regard to the charge of desertion. She testifies that she left the defendant two years before the bringing of the action, because of his mistreatment of her. The mother testifies in regard to the separation at about that time,' but does not show that they have not lived together since. Another witness on this branch of the case testifies that plaintiff worked for her, two or three months of the alleged two years’ desertion, and that she had never lived with the defendant since then, to her knowledge. But the witness lived in the town of Washington, Iowa, and the plaintiff and defendant in another town, except the time that plantiff worked for witness. It is not shown that the witness was so situated as to have any knowledge on the subject, except for the short time plaintiff worked for her.
The absence of any appearance for the defendant in the district court or in this court makes it an unsatisfactory way to present the case to us. The trial court had the advantage of seeing the witnesses. It is our conclusion that the showing is not sufficient to justify a divorce. We have examined the transcript, which shows some other matters
Though it does not • appear in the abstract, the- transcript shows that, after plaintiff obtained a divorce from her first husband she married one Arnold. She was indicted, with Arnold, for a crime, but was acquitted. Arnold was convicted, and she obtained a divorce from him; and she then married again. It is not quite clear; but, as we gather from the record, and from the cross-examination of plaintiff by the court, plaintiff also obtained a divorce from one Rishmiller, on the ground of desertion. At any rate, plaintiff testifies that she has been married four times, but to only three men. It appears, too, that, in December, 1916, she attempted to get a divorce from the defendant in the Keokuk County district court, on the same grounds as now alleged, except desertion. That case was tried before Judge Talbott, and her petition dismissed on the merits, April 3, 1917. Plaintiff’s mother testified, on the examination by the court, that, for the last fifteen or sixteen years, the defendant has been in the habit of getting drunk. She also testifies that defendant would come down and visit witness, and that he came when plaintiff did, a part of the time, -and part of the time he did not; but the date when plaintiff ami defendant visited together is uncertain. Witness Bickford, who testified in regard to the alleged desertion, testified, on examination by the.court, that all she knew about it was what plaintiff told her, except while plaintiff was at the home of witness in Washington.
The judgment is — Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.