Legal Opinion

Pfingsten v. Pfingsten

Wisconsin Supreme Court

Decided November 14, 1916PublishedCited by 44 opinions

Appeal from a judgment of tbe circuit court for Milwaukee county: W. B. QuiNLAN, Judge. Action for a divorce on tbe ground of adultery of tbe wife. Tbe plaintiff prevailed in tbe action. There was a question of wbat should be done with the property possessed by the parties and what provision, if any, should be made for the guilty wife.

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Appeal from a judgment of tbe circuit court for Milwaukee county: W. B. QuiNLAN, Judge. Action for a divorce on tbe ground of adultery of tbe wife. Tbe plaintiff prevailed in tbe action. There was a question of wbat should be done with the property possessed by the parties and what provision, if any, should be made for the guilty wife. There was a homestead valued at some $13,000, subject to a mortgage for $3,500, and a further mortgage to Adolph Kanneberg, defendant’s lawyer, as security for his fees in this action and other matters. There was also some household furniture of a replacement…

1Opinion of the CourtMarshall, J.

Tbe main question on this appeal is whether, where a divorce is granted on the ground of adultery of the wife, the court is without power to make a division of property between the parties, but may, nevertheless, divest the wife of the separate estate which she has deriyed from the husband and transfer it to him.

That a wife may take title to property from her husband and hold it as her sole and separate estate is provided by sec. 2342, Stats. In that respect, the written law has been changed since Kinney v. Dexter, 81 Wis. 80, 51 N. W. 82, as counsel for appellant suggests. So there can be no…

2Cases cited18 opinions

  1. State ex rel. McGrael v. PhelpsWisconsin Supreme Court · 1910
  2. Bacon v. BaconWisconsin Supreme Court · 1877
  3. Rice v. Ashland CountyWisconsin Supreme Court · 1900
  4. State ex rel. Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Railroad CommissionWisconsin Supreme Court · 1908
  5. State ex rel. Husting v. Board of State CanvassersWisconsin Supreme Court · 1914

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

3Cited by44 opinions

  1. Worachek v. Stephenson Town School DistrictWisconsin Supreme Court · 1955
  2. Cartwright v. SharpeWisconsin Supreme Court · 1968
  3. State ex rel. Globe Steel Tubes Co. v. LyonsWisconsin Supreme Court · 1924
  4. Fidelity & Columbia Trust Co. v. MeekCourt of Appeals of Kentucky (pre-1976) · 1943
  5. Wisconsin Gas & Electric Co. v. City of Fort AtkinsonWisconsin Supreme Court · 1927

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

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