Schrad v. Schrad
Cases that cite this one
2 later published cases cite this decision.
- Vail v. Vail (Ala. Civ. App. 1977)
- Ritchey v. Ritchey (Neb. 1981)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.