Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-03-11
Grounds for Divorce
Subject q Kaufman the 0avnpst
Article "AIisry" When Cessation %
cennivaass and Re-
Hands. ~ ~v~vs1

alton may be BY express conditions IS
acted upon, or It may be inferred from
conduct alone Voluntary cohabitatton
after knowledge (not mere suspicfon)
Of the ofIense, or express words OF Tor
givensss acted upon BY the OFFENDING
party. have been held to constitute
condonation. In cases OF cruel ana In
human treatment conformation VIII not
be readily inferred unless the court IL
satisfied that the danger which Is the
basis for the separation no longer
exists. Because Of the dependent posi-
ton Of the wife. conformation IL not 20
readily inferred against her as against
the husband. Condonation Is based on
the future good conduct OF the oneno
ing spouse. Therefore, IL the onense
IL repeated, che original act forgiven
rsvives. IN one case q husband de-
clared to his wife that he did not love
her. thought TO more OF her than any
other woman and told her that no
could not live without the school teach
er boarding with them. to whom No
gave presents and whom he took to lee.
lures, entertainments and the hkes
leaving his wife at home. The wife
forgate him. but later he and tns
school teacher made an open comes
became even more attentive to her than
he was before. The court in this case
said: CONFORMATION Is also conditions!
on the fact that the party forgiven VIII
thereafter afstain from the commits.
sion of like cffenses. If they are aftef-
wards committed the original wrong -
revived and may be counted upon as
cause for divorce. While there was
perhaps q conformation by the plain
tiff the implied, as we'll as express.
condition upon which 1t Was granted
was violated and the case should De
treated as if no promise OF forgiveness
was made"
Collision.
The code Of Iowa provides: NO d.
vorce shall be granted upon the mere
agreement between the parties For
instance an agreement between nus
band and wife that one OF them SHAH
commit or appear to have committed
acts constituting a cause for divorce.
for the purpose OF enabling the other 10
obtain a divorce. will not give the par
ties a divorce, because there is col
fusion.
Clean Hands.
Divorce is a proceeding in equity.
There is a doctrine in equity, Inat ne
who comes into equity. must come with
clean hands" That is, he that is at
fault shall not have the protection OF
equity Under this head we find In
particular connivance and recrimina-
ton. CONVEYANCE differs from collus-
ion in that the act was procured by the
party complaining: that II. 1t is the
corrupt consent OF party to the con-
duct OF the other party whereof he
afterwards complains. For instance
where the adultery Of a wife was COM
mitted with a spy employed by the
husband to test his wife's virtue. there
is not a ground for divorce. In other
words, the party complaining must not
have procured the wrongful act to be
done.
Recrimination Is a showing by the
defendant Of any cause Of divorce
against the plaintiff. in bar OF the
plaintiffs cause OF divorce. In other
words. one of the parties to a mar
rage can not come into the court and
be heard to complain OF the others
violations cs matrimonial duties. II he
is likewise guilty OF statutory ground
fop Hiyoroa