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SHARON SCHRAD, APPELLANT, v. WALTER SCHRAD, APPELLEE.

Divorce: Trial: Dismissal and Nonsuit. 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.

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.

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SCHRAD v. SCHRAD
(Feb 19, 1971)