Legal Opinion

Schulz v. Schulz

Wisconsin Supreme Court

Decided April 17, 1906PublishedCited by 8 opinions

Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. ’ In May, 1904, this action was brought by appellant against his wife for divorce on the ground of cruel and inhuman treatment. Defendant, through her attorneys, Sheridan & Wollaeger, answered by general denial and prayed that the action be dismissed.

Read the full summary

Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. ’ In May, 1904, this action was brought by appellant against his wife for divorce on the ground of cruel and inhuman treatment. Defendant, through her attorneys, Sheridan & Wollaeger, answered by general denial and prayed that the action be dismissed. At the time of answering, on motion of defendant, the court ordered plaintiff to pay $25 attorney’s fees, $43 per month temporary alimony, and gave defendant the tise of the homestead and furniture. The case came on for trial and was continued at defendant’s…

1Opinion of the Court

The following opinion was filed April 1Y, 1906:

KjdRwxw, J.

1. It is claimed on the part of the appellant that the court should have discontinued the action unconditionally, and that it had no power to allow attorney’s fees after notice of discontinuance. The notice did not discontinue the action nor did it purport to do so. It was an application to the court for an order dismissing the action. The court had control of the action and could impose reasonable and proper terms as a condition of discontinuance to protect the interests of the parties. State ex rel. Milwaukee v. Ludwig, 106 Wis. 226,…

2Cases cited5 opinions

  1. Harrigan v. GilchristWisconsin Supreme Court · 1904
  2. State ex rel. City of Milwaukee v. LudwigWisconsin Supreme Court · 1900
  3. Williams v. WilliamsWisconsin Supreme Court · 1872
  4. Sumner v. SumnerWisconsin Supreme Court · 1882
  5. Dugan v. DuganCourt of Appeals of Kentucky · 1864

3Cited by8 opinions

  1. Cudahy v. CudahyWisconsin Supreme Court · 1935
  2. Russell v. JohnsonWisconsin Supreme Court · 1961
  3. Burling v. BurlingWisconsin Supreme Court · 1957
  4. Roberts v. RobertsWisconsin Supreme Court · 1948
  5. Szymanski v. SzymanskiWisconsin Supreme Court · 1912

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API