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eBook details

• Title: Wilson V. Wilson
• Author : Supreme Court Of Iowa.
• Release Date : January 08, 1955
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

The parties, Emma B. Wilson, age 39, and Earnest Wilson, age 42, were married at Carrolton, Missouri, on August 7, 1936, and lived together in Marshalltown, Iowa, until 1952, when they moved to Beaman, Iowa. Three children were born to this marriage: Thomas, age 16, John, age 14, and James, age 10. The parties met about a year before the marriage in a beer tavern where plaintiff was employed. She has been engaged in the beer business almost constantly since the marriage, as a waitress, as a manager, and finally as the owner of a tavern. The marital relations were fairly satisfactory until sometime in February 1952 when plaintiff purchased the stock of the Royal Tavern in Marshalltown and became the proprietor of the business. Financially it succeeded, but in October 1952 plaintiff sold her stock and purchased a beer tavern in Beaman, Iowa. She moved her furniture to the second-floor apartment over the tavern and, with defendant's help, remodeled and repaired the place into fairly comfortable living quarters for herself and sons. The plan for defendant to remain in the home they had acquired in Marshalltown, where he was employed at the Lennox Furnace Company, did not work out, and he also moved into the apartment at Beaman and commenced commuting the sixteen miles to and from his work at Marshalltown. The homestead was then left unoccupied except for a bed, dresser and a few odds and ends, which defendant uses as a place of lodging when not in Beaman. Defendant has been employed as a laborer, and essentially is thrifty and a hard worker. Since childhood he has acquired a bad habit of using profane and obscene language any time and any place. He also appears to have become addicted to the excessive use of beer, consuming some ten to twenty bottles a day. It was plaintiff's contention that defendant's actions and profane and abusive language toward her and the children constituted inhuman treatment, and that it so affected her as to entitle her to a divorce. She further prayed for an equitable distribution of property, a $75 per month support allowance for the children during minority, and attorney fees. After hearing the evidence and observing the parties, the trial court found she had failed to prove the allegations of her petition and to establish that her life was endangered by defendant's conduct, denied her [246 Iowa Page 795]

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