Schrad v. Schrad

Nebraska Supreme Court
Schrad v. Schrad, 183 N.W.2d 922 (Neb. 1971)
186 Neb. 462; 1971 Neb. LEXIS 730
White, Carter, Spencer, Boslaugh, Smith, McCown, Newton

Schrad v. Schrad

Opinion

Smith, J.

The district court at the close of all the evidence dismissed the petition of plaintiff wife for a divorce. She appeals.

At the trial plaintiff on cross-examination into extramarital sexual relations by her successfully asserted the privilege against self-incrimination.

Dismissal of the petition of a wife for divorce where, at the trial on cross-examination into extra-marital sexual relations by her, she successfully asserted the privilege against self-incrimination, is correct. The ruling represents an application of the equitable maxim of “clean hands” to a divorce suit. See, Stockham v. Stockham (Fla., 1964), 168 So. 2d 320, 4 A. L. R. 3d 539; Christenson v. Christenson, 281 Minn. 507, 162 N. W. 2d 194 (1968); Franklin v. Franklin, 365 Mo, 442, 283 S. W. 2d 483 (1955).

The judgment is affirmed.

Affirmed.

Reference

Full Case Name
Sharon Schrad, Appellant, v. Walter Schrad, Appellee
Cited By
3 cases
Status
Published