Legal Opinion

Williams v. Williams

Wisconsin Supreme Court

Decided May 10, 1904PublishedCited by 4 opinions

Appeal from a judgment of tHe circuit court "for St. Croix county: E. W. Helms, Circuit Judge. This is an action for divorce brought by the husband on the ground of desertion. The defendant by her answer denied desertion, and counterclaimed for a divorce on the ground of voluntary separation for five years before the action.

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Appeal from a judgment of tHe circuit court "for St. Croix county: E. W. Helms, Circuit Judge. This is an action for divorce brought by the husband on the ground of desertion. The defendant by her answer denied desertion, and counterclaimed for a divorce on the ground of voluntary separation for five years before the action. The evidence upon the trial showed that the parties were married March 15, 1877, in this state, and lived upon a farm near New Richmond, St. Croix county, until the year 1891, when, being in poor health, the defendant, with her husband’s consent, went to the state of…

1Opinion of the CourtWinslow, J.

The circuit judge, in his findings, said that it was a very close question whether the plaintiff was entitled to a divorce on the ground of desertion, or whether the defendant was entitled to a divorce on the ground that the parties had voluntarily lived apart for five years, but finally concluded that the evidence justified the latter finding. This conclusion is challenged by the plaintiff as unsupported by the evidence. Even were we satisfied that the circuit judge was wrong in his conclusion, and should have given the plaintiff a divorce on the ground of desertion, we are not at all sure…

2Cases cited3 opinions

  1. Cole v. ColeWisconsin Supreme Court · 1871
  2. Phillips v. PhillipsWisconsin Supreme Court · 1867
  3. Thompson v. ThompsonWisconsin Supreme Court · 1881

3Cited by4 opinions

  1. Northwestern Iron Co. v. Indusrrial CommissionWisconsin Supreme Court · 1913
  2. Campbell v. CampbellCourt of Appeals of Maryland · 1938
  3. In re PhelanWisconsin Supreme Court · 1937
  4. Jakubke v. JakubkeWisconsin Supreme Court · 1905

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