Legal Opinion

Roelke v. Roelke

Wisconsin Supreme Court

Decided May 16, 1899PublishedCited by 13 opinions

Appeal ' from a judgment of the circuit court for Dane county: R. G-. Siebeoeer, Circuit Judge. This is an action for divorce upon the ground of cruel and inhuman treatment. After trial the court found that the parties were married in 18J2; that they have six children, viz.

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Appeal ' from a judgment of the circuit court for Dane county: R. G-. Siebeoeer, Circuit Judge. This is an action for divorce upon the ground of cruel and inhuman treatment. After trial the court found that the parties were married in 18J2; that they have six children, viz. Magdalena, aged eleven years; Laurenz, aged thirteen years; Frank, aged nineteen years; and three adult children, who do not live at home; that the defendant for a year prior to the 18th of May, 1898, was guilty of cruel treatment, by the use of abusive language, and that on said 18th of May, 1898, he assaulted the…

1Opinion of the Court

The following opinion, was filed April 4,1899:

WiNsuow, J.

We were asked to reverse this judgment of divorce on the merits because the plaintiff’s testimony as to cruel treatment was not corroborated by the testimony of other witnesses. Circuit Court Rule XXIX, see. 2. The only act of physical violence which was alleged or proved was a striking and choking of the plaintiff by the defendant on May 18, 1898. This was alleged to be in the absence of all other witnesses, but it was corroborated by the testimony of the nineteen year old son, who testified to seeing the. marks upon his mother’s face…

2Cases cited1 opinion

  1. McChesney v. McChesneyWisconsin Supreme Court · 1895

3Cited by13 opinions

  1. Von Trott v. Von TrottWisconsin Supreme Court · 1903
  2. de Coito v. de CoitoHawaii Supreme Court · 1912
  3. Edleman v. EdlemanWisconsin Supreme Court · 1905
  4. Merten v. National Manufacturers Bank of NeenahWisconsin Supreme Court · 1965
  5. Goodlett v. GoodlettSupreme Court of Arkansas · 1944

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