Schrad v. Schrad

183 N.W.2d 922, 186 Neb. 462, 1971 Neb. LEXIS 730

• Court: Nebraska Supreme Court
• Decided: February 19, 1971
• Docket: 37647
• Status: Published

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.