Hubbard v. Hubbard
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fonddu Lao County. The following statement of the case was prepared by Mr. Justice Cassoday: This is an action for a divorce. The cause of action alleged in the complaint is for cruel and inhuman treatment on the part of the defendant.
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APPEAL from the Circuit Court for Fonddu Lao County. The following statement of the case was prepared by Mr. Justice Cassoday: This is an action for a divorce. The cause of action alleged in the complaint is for cruel and inhuman treatment on the part of the defendant. The answer is lengthy, and consists of admissions and denials; and, as a separate answer and counterclaim, alleges numerous acts of misconduct on the part of the plaintiff; and among other things, and for a further answer, alleges, upon information and belief, several acts of adultery committed by the plaintiff with divers…
1Opinion of the CourtCassoday, J.
In support of the order, it is claimed that adultery is not pleadable as a mere defense or bar to the action, as it is said to be here pleaded. It has recently been held by this court that “ where it is shown that each party has been guilty of an offense which the statute has made a ground for divorce in favor of the other, the court will not grant relief to either.” Pease v. Pease, 72 Wis. 136. In that case the wife was found guilty of adultery, and the husband was found guilty of cruel and inhuman treatment, which was alleged by the wife in her answer merely as a defense and bar to the…
2Cases cited1 opinion
- Pease v. PeaseWisconsin Supreme Court · 1888
3Cited by6 opinions
- Hiecke v. HieckeWisconsin Supreme Court · 1916
- Smith v. SmithCourt of Appeals of Kentucky · 1918
- Gray v. GrayWisconsin Supreme Court · 1939
- Voss v. VossWisconsin Supreme Court · 1914
- Day v. DaySupreme Court of Kansas · 1905
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