Kistler v. Kistler
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Grant county: Geoege Clemeetsoh; Circuit Judge. Tbe defendant petitioned for an order satisfying a judgment obtained against bim by tbe plaintiff, and appeals from, an order denying bis petition.
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Appeal from an order of tbe circuit court for Grant county: Geoege Clemeetsoh; Circuit Judge. Tbe defendant petitioned for an order satisfying a judgment obtained against bim by tbe plaintiff, and appeals from, an order denying bis petition. Tbe facts were that tbe parties were busband and wife, and that on August 30, 1898, tbe plaintiff obtained judgment of divorce against tbe defendant, wherein it was adjudged that tbe defendant pay to tbe plaintiff $1,000 “as and for ber permanent alimony and division of property;” that tbe parties remarried September 28, 1898, and lived together for some…
1Opinion of the CourtWiNsnow, C. J.
There are two questions in the case: First What was the effect of the remarriage on the judgment for division of property in the first divorce action? Second. Was that judgment paid and.satisfied by the stipulation made, in the second action and the payment of the $300 thereunder ?
1. The judgment for $1,000 in the first action is confused and inaccurate because it describes that sum as and for “permanent alimony and division of property,” whereas it cannot *493be both. It must, however, be construed as a division of property. Von Trott v. Von Trott, 118 Wis. 29, 94 N. W. 198. So construing it,…
2Cases cited3 opinions
- Von Trott v. Von TrottWisconsin Supreme Court · 1903
- Baum v. BaumWisconsin Supreme Court · 1901
- Oppenheimer v. CollinsWisconsin Supreme Court · 1902
3Cited by18 opinions
- Keton v. ClarkCourt of Appeals of Texas · 1933
- Lally v. LallyWisconsin Supreme Court · 1913
- Bibelhausen v. BibelhausenWisconsin Supreme Court · 1915
- Maisch v. MaischSupreme Court of Connecticut · 1913
- Mallory's EstateSupreme Court of Pennsylvania · 1930
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