Campbell v. Campbell
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. argued, inter alia, that sec. 24, ch. Ill, R. S. 1858, contained all the authority of the court to adjudge alimony to the wife in any case; that it could only he out of his estate, not out of his future earnings, nor acquisitions. Questions of alimony are only discretionary within the statutory bound.
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APPEAL from the Circuit Court for Milwaukee County. argued, inter alia, that sec. 24, ch. Ill, R. S. 1858, contained all the authority of the court to adjudge alimony to the wife in any case; that it could only he out of his estate, not out of his future earnings, nor acquisitions. Questions of alimony are only discretionary within the statutory bound. The judgment for alimony must be based upon facts existing at the time of divorce and be carved out of the estate then owned. The power given by sec. 27, to “ revise and alter such judgment and * * make any judgment respecting any of said…
1Opinion of the Court
Ryan, 0. J.
Judgment of divorce a vinculo between these parties was rendered several years ago, at the suit of the respondent, for the fault of the appellant; and gave the custody of the only surviving child of the marriage, still living, to the respondent, until the further order of the court; provided for the payment of one dollar a week by the appellant to the respondent, for the support of the child, until further order; and provided for the payment of one hundred dollars a year, for three years, by the appellant to the respondent, for her own support. Before the late proceedings in the…
2Cases cited24 opinions
- Jackson v. SebringNew York Supreme Court · 1819
- Forrest v. . ForrestNew York Court of Appeals · 1862
- Graves v. GravesMassachusetts Supreme Judicial Court · 1871
- Feigley v. FeigleyCourt of Appeals of Maryland · 1855
- People ex rel. Barry v. MerceinNew York Court of Chancery · 1839
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3Cited by64 opinions
- Miner v. MinerWisconsin Supreme Court · 1960
- Bray v. LandergrenSupreme Court of Virginia · 1934
- Dutcher v. DutcherWisconsin Supreme Court · 1876
- Krauthoff v. KrauthoffMissouri Court of Appeals · 1915
- Bacon v. BaconWisconsin Supreme Court · 1877
59 more not listed; retrieve them via the Exa API.