Szumski v. Szumski

The judgment was entered under sec. 247.28, Stats., which provides:

“In a judgment in an action for a divorce, although such divorce be denied, the court may make such order for the support and maintenance of the wife and children, or any of them, by the husband or out of his property as the nature of the case may render suitable and proper.”

The appellant contends that under the statute above quoted, a divorce being denied, the court was without power to limit the liability of the husband to support his wife. Actions for divorce are purely statutory, and only such judgments may be entered as…