Crouch v. Crouch
Wisconsin Supreme Court
APPEAL from the Circuit Court for Richland County. This action is for a divorce. On the 28th of October, 1867, the plaintiff made an affidavit, stating, among other things, that “ the said defendant cannot, after due diligence, be found within this state; and his residence cannot, with reasonable diligence, be ascertained by this deponent, and is unknown to her.”
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APPEAL from the Circuit Court for Richland County. This action is for a divorce. On the 28th of October, 1867, the plaintiff made an affidavit, stating, among other things, that “ the said defendant cannot, after due diligence, be found within this state; and his residence cannot, with reasonable diligence, be ascertained by this deponent, and is unknown to her.” On this affidavit a court commissioner, who was one of the plaintiffs attorneys in the action, made the usual order that the summons be served on the defendant by publication. The defendant not appearing to the action within the…
1Opinion of the Court
Lyoít, J.
Tbe judgment of divorce in this action was rendered because of tbe alleged wilful desertion of tbe plaintiff by tbe defendant; and it appears by tbe affidavits served witb tbe order to show cause, and wbicb are undisputed, that tbe defendant did not desert tbe plaintiff, and has, therefore, a perfect defense to tbe action; that be did not know that such judgment bad been rendered against him until December 23,'1870 ; and that tbe plaintiff knew where be was during all of tbe time be was absent, and frequently wrote letters to him wbicb be received. He produced two of these letters in…
2Cited by18 opinions
- Lewis v. LewisSupreme Court of Kansas · 1875
- Rush v. RushSupreme Court of Iowa · 1877
- White v. WhiteWisconsin Supreme Court · 1918
- State v. DuketWisconsin Supreme Court · 1895
- Comstock v. AdamsSupreme Court of Kansas · 1880
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