Yates v. Yates
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. The original action was'brought by the plaintiff to secure a divorce.
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Appeal from a judgment of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. The original action was'brought by the plaintiff to secure a divorce. An interlocutory judgment of divorce had been entered in the action February 13, 1911. Prior thereto plaintiff and defendant had entered into an agreement by which they had settled their property rights, and by the terms of this agreement $40,000 was placed in trust for the benefit of the plaintiff, who was to receive the income therefrom during ber life and upon ber death the same was to be paid to the minor- child of the…
1Opinion of the CourtRosenberry, J.
It is conceded that under the general rule laid down in Will of McNaughton, 138 Wis. 179, 118 N. W. 997, 120 N. W. 288, no compensation can be allowed to an unsuccessful guardian ad litem payable out of the fund under control of the court in excess of taxable costs or a sum in the nature thereof as taxed between party and party, in the absence of special legislative authority. It is contended, however, that special legislative authority exists in the present case by virtue of the following statute:
“Section 2369. After a judgment providing for alimony or other allowance for the wife and…
2Cases cited7 opinions
- Wilson v. MitchellSupreme Court of Colorado · 1910
- Bryan v. LyonIndiana Supreme Court · 1885
- Clarke v. LyonNebraska Supreme Court · 1908
- Taylor v. JeterSupreme Court of Georgia · 1862
- Barnes v. LongOregon Supreme Court · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Chandler v. WhatleySupreme Court of Alabama · 1939
- Barry v. SparksMassachusetts Supreme Judicial Court · 1940
- Czaicki v. CzaickiWisconsin Supreme Court · 1976
- Kienlen v. KienlenSupreme Court of Minnesota · 1948
- McLaughlin v. Todd, GuardianSupreme Court of Arkansas · 1940
2 more not listed; retrieve them via the Exa API.