State ex rel. Child v. Smith
Wisconsin Supreme Court
APPLICATION for a, Mandamus. This was an application for a mandamus to compel the judge of the county court of Milwaukee county to proceed to the trial of an action for divorce brought in said court by the relator, Cyrus Child, against Elizabeth Child.
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APPLICATION for a, Mandamus. This was an application for a mandamus to compel the judge of the county court of Milwaukee county to proceed to the trial of an action for divorce brought in said court by the relator, Cyrus Child, against Elizabeth Child. The affidavit of the relator’s attorney, filed in this court, shows the commencement of said action in the county court, the defendant’s failure to appear, answer or demur within the time allowed by law; the issue of a commission to take testimony on the part of the plaintiff; the fact that the value of the property and the amount of money in…
1Opinion of the Court
By -the Court,
DlXON, C. J.
Upon every divorce from the bond of matrimony, for any cause excepting that of adultery committed by the wife, alimony may be allowed. E. S., ch. Ill', sec. 24. Hence it may be allowedin the action commenced by the relator in the county court. Eor the purpose of determining the amount of such allowance, it becomes necessary for the court to examine and determine the amount and value of the property owned by the husband. We think, in order to confer jurisdiction upon the county court, that the amount and value of such property should be averred in the complaint, and…
2Cited by6 opinions
- Pfingsten v. PfingstenWisconsin Supreme Court · 1916
- State ex rel. Hughes v. WalkerSupreme Court of Florida · 1889
- A. C. Nichols & Co. v. PorterCourt of Appeals of Texas · 1894
- Geise v. GreeneWisconsin Supreme Court · 1880
- Gard v. ButterfieldWisconsin Supreme Court · 1911
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