A History of Matrimonial Institutions, Vol. 3 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 3 of 3
Howard, George Elliott
Families; Marriage -- History
During the first six years of territorial life many special
divorce decrees may be found in the Nebraska laws; and they are
invariably expressed in the curt and summary style peculiar to such
legislation throughout the country, no reference usually being
made to causes or to alimony.[357] At the same time Kansas was
having a similar experience. One divorce petition was granted by
the assembly in 1857, three in 1858, eight in 1859, while in 1860
the number suddenly rose to forty-three; for this was the "last
chance" before the constitutional prohibition of 1859 went into
effect.[358] Previous to 1847 Iowa was still more indulgent. Year
after year appeals were made to the assembly for relief. Sometimes
the intention appears to be to deny the defendant the privilege of
further wedlock; as in 1840, when a decree was granted to dissolve
the marriage contract, "so far as relates to the said Harriet
Williams," who is allowed to change her name. Sometimes a partial
divorce is sanctioned, as when the marital bond between John Philips
and Nancy his wife was "so far dissolved as to permit the said
parties to live separate and apart from each other." In this case
the woman was given power to sue and be sued, and was allowed to
retain the children. In 1841-42 eleven more legislative decrees were
granted. The next year saw nineteen petitions combined in one bill,
which was passed over the governor's veto by a two-thirds vote. The
last examples occur in 1846, the year when Iowa was admitted to
the Union as a state, and when the usual constitutional interdict
appears.[359]
[357] Here is an example: "The bonds of matrimony between Obediah
J. Niles and Hannah M. Niles shall be and the same are hereby
dissolved."--_Laws and Resolutions_, I, 373 (act of Feb., 1857).
For other cases see _ibid._, 569, 570 (two cases, 1858), 653-55,
656 (three cases, 1860), 766, 767 (two cases, 1861). On Jan. 23,
1856, six petitions in one bill were referred to the judge of
the district court for the first judicial district with power to
dissolve marriage: _ibid._, 300.
[358] _Private Laws of Kan._ (1860), 232-54. For other cases see
_ibid._ (1858), 10-12 (three cases); and _ibid._ (1859), 41-45
(eight cases).
[359] _Cf._ _Laws of Ia._ (1840), 12; _ibid._ (1840-41), 7, 12;
_ibid._ (1841-42), 3, 11, 13, 28, 30, 31, 66, 73, 94, 95 (eleven
cases); _ibid._ (1842-43), 82-84 (nineteen cases); _ibid._
(1845-46), 42, 48, 51, 52, 61, 72, 79 (eleven cases).
The practice existed also in Idaho,[360] Montana,[361] and
Oregon.[362] On the Pacific coast, however, Washington is the chief
offender. Beginning with three cases in 1858 and one in 1859, the
number mounts to fifteen in 1860, seventeen in 1861, fifteen in
1862, and sixteen in 1863; while after this date the session laws
are silent on the subject.[363]
Public-domain text, read in full here on John Shaqi.
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