Phillips v. Phillips
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Outagamie County. Action by tbe wife for a divorce from the bond of matrimony. Tbe case is stated in tbe opinion. Tbe circuit court found that tbe parties bad not voluntarily lived entirely separate for five years next preceding tbe commencement of tbe action, and dismissed tbe complaint ; from which judgment plaintiff appealed. cited Gregory v. Bierce, 4 Met., 478; Ahrenfeldt v. Ahrenfeldt, 1 Hoffm., 47; 1 Bishop on Mar. & Div.
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APPEAL from tbe Circuit Court for Outagamie County. Action by tbe wife for a divorce from the bond of matrimony. Tbe case is stated in tbe opinion. Tbe circuit court found that tbe parties bad not voluntarily lived entirely separate for five years next preceding tbe commencement of tbe action, and dismissed tbe complaint ; from which judgment plaintiff appealed. cited Gregory v. Bierce, 4 Met., 478; Ahrenfeldt v. Ahrenfeldt, 1 Hoffm., 47; 1 Bishop on Mar. & Div. (4th ed.), § 677; McQuaid v. McQuaid, Wright, 223.
1Opinion of the CourtCole, J.
Our statute makes it a cause for divorce from tbe bond of matrimony whenever tbe husband and wife shall have voluntarily lived entirely separate for tbe space of five years next preceding tbe application for tbe divorce. Chap. 37, Laws of 1866. It appears from tbe evidence, that tbe husband left bis wife in March, 1857, and for tbe last *257five years next preceding the commencement of the suit has lived in Tehama in California. The wife testifies that when her husband went away he told her that he should return in two years; that during the first two years he wrote to her, and that then it was…
2Cited by11 opinions
- Dutcher v. DutcherWisconsin Supreme Court · 1876
- Cole v. ColeWisconsin Supreme Court · 1871
- Tipping v. TippingCourt of Appeals for the D.C. Circuit · 1936
- Budge v. City of Grand ForksNorth Dakota Supreme Court · 1890
- Thompson v. ThompsonWisconsin Supreme Court · 1881
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